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EDUCATION 


CHAPTER  135,  SESSION  LAWS  1907 

AS  AMENDED    1909,  1911  AND  1913 


ESTABLISHING  A   UNIFORM   SYSTEM   OF  EDUCATION  FOR  THE  STATE 

OF  SOUTH  DAKOTA 

AN  ACT  to  Establish  a  Uniform  System  of  Education  for  the  State  of  South 
Dal^ota  and  to  Repeal  Certain  Legislation  Relating  Thereto. 

Be  it  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

ARTICLE  I 
Department  of  Public  Instruction 

§  1.  State  Supervision]  The  superintendent  of  public  instruction  shall 
be  charged  with  the  general  supervision  of  all  the  county  schools  and  the  high 
schools  and  of  all  the  city  and  county  superintendents  of  the  state. 

§  2.  Superintendent — Duties  of]  He  shall  meet  the  county  superintend- 
ents in  convention  at  least  once  each  year,  at  such  points  in  the  state  as  he 
may  deem  most  suitable  for  that  purpose,  and  by  explanation  and  discussion 
endeavor  to  secure  a  more  uniform  and  efficient  administration  of  the  school 
laws. 

§  3.  He,  personally  or  by  an  assistant,  shall  inspect  all  high  schools  and 
shall  have  the  power  to  accredit  them  to  higher  institutions  of  learning. 

§  4.  The  state  superintendent  of  public  instruction  shall  render  a 
written  opinion  to  any  county  superintendent  asking  it,  touching  the  exposition 
or  administration  of  the  school  law,  and  shall  determine  all  cases  relating 
to  the  revocation  of  certificates,  appealed  from  the  county  superintendent. 

§  5.  All  the  necessary  blanks  to  be  used  in  transacting  the  business  be- 
tween county  or  city  superintendents  and  the  state  superintendent  shall  be 
supplied  by  the  state  superintendent.  He  shall  also  compile  a  book  of  forms 
or  blanks  not  furnished  by  the  state,  and  all  blanks  used  in  a  county  or  district 
must  correspond  with  a  form  in  such  book. 

§  6.  On  or  before  the  thirtieth  day  of  October  preceding  each  regular 
session  of  the  legislature,  he  shall  present  a  biennial  report  to  the  governor, 
W'hich  report  shall  show  the  condition  and  needs  of  the  public  schools  through- 
out the  state  and  the  workings  of  the  educational  system  of  the  state. 

§  7.  He  shall  attend  teachers'  institutes  in  the  several  counties  in  the 
state  as  far  as  may  be  consistent  with  other  duties  imposed  by  law,  and  assist 
by  lecture  or  otherwise  in  their  instruction  or  management.  The  state  super- 
intendent shall  prescribe  rules  and  regulations  for  holding  county  normal  in- 
stitutes. 

§  8.  He  shall  on  or  before  March  1st  in  each  year,  prepare  and  send  to 
each   county  superintendent  a  list  of  the  names  of   institute  conductors,   and 


SOUTH  DAKOTA  SCHOOL  LAWS 


county  superintendents  shall  engage  conductors  for  their  county  normal  insti- 
tutes from  the  list  sent  by  the  superintendent  of  public  instruction. 

§  9.  He  shall  on  or  before  the  1st  day  of  April  of  each  year  call  a  meet- 
ing of  the  county  institute  conductors,  for  the  purpose  of  exchanging  views 
relative  to  the  best  methods  of  teaching  and  for  outlining,  as  far  as  practicable,  a 
general  plan  for  institute  work. 

§  10.  Examinations]  Public  examination  for  state  certificates  and  life 
diplomas  shall  be  held  by  the  superintendent  of  public  instruction  at  least 
twice  each  year,  at  such  time  and  places  as  he  shall  select  with  a  view  to  the 
accommodation  of  applicants  for  such  certificates. 

§  11.  It  shall  be  his  duty  to  prepare  all  questions  for  the  examination  of 
teachers  by  the  county  superintendents,  and  no  county  superintendent  shall 
examine  teachers  with  questions  not  thus  furnished.  Whosoever  shall  sell, 
barter  or  give  away  to  applicants  for  certificates  or  to  any  other  person  the 
questions  prepared  by  the  superintendent  of  public  instruction  to  be  used  by 
the  county  superintendents  in  the  examination  of  teachers  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  fined  not  less 
than  twenty-five  or  more  than  one  hundred  dollars. 

§  12.  State  Certificates  and  Life  Diplomas]  The  superintendent  of  public 
instruction  may  issue  two  professional  certificates,  the  state  certificate,  and 
the  life  diploma,  as  hereinafter  provided.  He  shall  keep  a  full  record  of  all 
certificates  issued  by  him  and  carefully  file  in  his  office  all  papers  relating 
thereto  and  preserve  said  papers  for  the  period  for  which  the  certificates  were 
Issued  respectively.  He  shall,  subsequent  to  each  examination,  send  to  each 
county  superintendent  a  list  of  the  persons  receiving  certificates. 

§  13.  Life  Diploma]  A  life  diploma  shall  be  valid  during  good  behavior 
and  shall  authorize  the  holder  thereof  to  teach  in  any  public  school  of  the 
state.  Applicants  shall,  by  examination  or  otherwise,  show  satisfactory  pro-, 
ficiency  in  the  following  branches:  Reading,  orthography,  penmanship,  arith- 
metic, grammar,  composition,  geography,  LTnited  States  history,  including  South 
Dakota  history,  civics  and  physiology  and  hygiene,  and  shall  pass  a  satisfac- 
tory examination  in  physical  geography,  physics,  algebra,  geometry,  general 
history  of  the  pre-college  grade,  and  in  English  language,  and  rhetoric,  English 
and  American  literature,  either  economics  or  sociology,  any  two  of  botany, 
zoology,  physiology,  physics,  chemistry,  Latin,  German,  geology  and  mineralogy, 
astronomy,  algebra  and  trigonometry,  all  of  the  college  grade  and  pedagogy, 
including  principles,  method,  management,  psychology  and  history  of  education. 

Provided,  that  a  diploma  from  the  state  university  of  South  Dakota,  or 
from  any  approved  college  having  a  regular  course  of  study  in  which  at  least 
four  years'  work  above  an  approved  four  year  high  school  course  is  required, 
may  be  accepted  in  lieu  of  an  examination  in  the  subjects  named;  if  the  ap- 
plicant has  in  his  college  course  pursued  one  course  of  pedagogical  studies, 
and  professional  training  comprising  at  least  one-fourth  work  during  at  least 
eighteen  months.  In  case  the  holder  of  such  diploma  has  not  taken  the  re- 
quired work  in  pedagogy  the  deficiency  may  be  made  good  by  examination. 

Provided  further,  that  a  diploma  from  any  state  normal  school  having  a 
regular  course  of  study  in  which  at  least  two  years'  work  above  an  approved 
four  year  high  school  course  is  required,  or  from  any  other  normal  school  hav- 
ing a  regular  course  of  study  of  the  same  extent  and  similar  in  character  may 
be  accepted  in  lieu  of  an  examination  in  the  subjects  named. 

An  applicant  for  a  life  diploma,  by  examination  or  otherwise,  must  present 
evidence  of  at  least  forty  months'  successful  experience  in  teaching  and  satis- 
factory evidence  of  good  moral  character. 

An  applicant  for  a  life  diploma  upon  college  or  normal  school  credentials 
shall  present  a  certified  copy  of  his  diploma  accompanied  by  a  certified  copy 
of  the  course  of  study  pursued  specifically  showing  the  amount  of  class  work  in 
each  subject,  together  with  the  standing  in  each  branch*. 


SOUTH  DAKOTA  SCHOOL  LAWS 


§  14.  State  Certificate]  A  state  certificate  shall  authorize  the  per- 
son to  whon?  it  is  issued  to  teach  in  any  of  the  public  schools  of  the  state  for 
the  period  of  five  years.  Applicants  for  such  state  certificate  shal!,  by  exam- 
ination or  otherwise,  show  satisfactory  proficiency  in  orthography,  reading, 
penmanship,  arithmetic,  geography,  English  grammar,  physiology  and  hygiene, 
United  States  history  including  South  Dakota  history,  and  shall  pass  a  satis- 
factory examination  in  civil  government,  American  literature,  drawing,  alge- 
bra, plane  geometry,  physical  geography,  physics  or  botany,  general  history, 
pedagogy  and  English  language,  composition  and  rhetoric.  He  must  also  pre- 
sent evidence  of  twenty-four  months'  successful  experience  in  teaching. 

Provided,  that  a  diploma  from  any  state  normal  school  of  South  Dakota, 
having  a  course  of  study  in  which  at  least  two  years'  work  above  an  approved 
four-year  high  school  course  is  required,  may  be  accepted  in  lieu  of  an  exam- 
ination in  the  subjects  named.  Provided  further,  that  a  diploma  from  any 
other  school  having  a  course  of  study  equivalent  in  extent  and  similar  in  char- 
acter, may  be  accepted  in  lieu  of  an  examination  in  the  subjects  named. 

Provided,  further,  that  applicant  for  the  state  certificate,  upon  normal  or 
other  school  credentials,  must  show  that  the  course  of  study  pursued  therein 
contained  a  course  of  at  least  eighteen  months  of  pedagogy  and  professional 
training,  comprising  at  least  one-fourth  work  for  said  time.  They  shall  pre- 
sent their  credentials  to  the  department  of  education  in  the  same  manner  as  is 
provided  for  applicants  for  life  diploma.  An  applicant  who  presents  evidence 
of  graduation  from  a  normal  or  other  school  shall  also  present  evidence  of 
eighteen  months'  successful  experience  in  teaching  before  being  entitled  to 
said  certificate,  provided  that  the  superintendent  of  public  instruction  may  is- 
sue to  such  applicant  a  provisional  certificate  for  such  probationary  period. 
Every  applicant  for  a  state  certificate  shall  submit  satisfactory  evidence  of  a 
good  mora!  character. 

§  15.  Renewal,  Validation,  and  Revocation  of  Certificate]  The  super- 
intendent of  public  instruction  may  renew  a  state  certificate  upon  the 
presentation  by  applicant  of  satisfactory  evidence  of  continued  and  success- 
ful experience  as  a  teacher  and  satisfactory  evidence  of  full  attendance  at  a 
county  institute  held  the  current  year.  He  may  similarly  renew  a  first  grade 
certificate  and  primary  certificate. 

Provided,  that  a  certificate  which  is  permitted  to  lapse  more  than  one  year 
shall  not  be  renewable. 

The  state  superintendent  may  validate  certificates  issued  by  other  state 
departments  of  the  United  States  of  the  rank  of  the  life  diploma,  state  cer- 
tificate, first  grade  or  second  grade  certificate  in  this  state,  provided  that  the 
requirements  upon  which  they  are  issued  are  equivalent  to  the  requirements 
for  corresponding  certificates  in  South  Dakota. 

State  certificates  and  life  diplomas  shall  be  revoked  by  the  superintendent 
of  public  instruction  for  any  of  the  causes  enumerated  in  Section  64  for  the 
revocation  of  certificates  by  county  superintendents,  and  in  a  manner  simi- 
lar thereto. 

§  16.  Applicants  for  a  life  diploma,  except  resident  graduates  of 
the  schools  of  this  state,  shall  pay  a  fee  of  ten  dollars  ($10.00),  and  similarly, 
applicants  for  a  state  certificate  shall  pay  a  fee  of  five  dollars  ($5.00),  and  for 
a  professional  state  certificate  two  dollars  ($2.00);  Provided,  that  should  an 
applicant  fail  in  such  examination  one-half  of  the  fee  shall  be  returned. 

All  these  fees  shall  be  forwarded  to  the  state  department  of  public  instruc- 
tion and  the  state  superintendent  shall  pay  the  same  into  the  state  treasury, 
which,  with  the  money  now  on  hand,  derived  from  this  source  shall  constitute 
a  fund  to  be  known  as  the  state  professional  fund,  and  the  moneys  so  collected 
shall  be  paid  out  only  upon  the  warrant  of  the  state  auditor,  issued  on  vouch- 
ers of  the  superintendent  of  public  instruction,  approved  by  the  governor. 


806241 


SOUTH   DAKOTA   SCHOOL  LAWS 


Said  state  professional  fund  shall  be  used  for  the  purpose  of  conducting 
investigations,  and  gathering  data  of  the  progress  of  education  in  this  state 
and  elsewhere;  to  publish  such  data  and  the  results  of  such  investigations 
and  to  distribute  the  same  to  teachers,  citizens  and  others,  and  for  furthering 
in  other  ways  the  profession  of  teaching. 

§  17.  Teachers'  Reading  Circle  Board  of  Managers]  The  Teachers'  Read- 
ing Circle  Board  of  Managers  shall  consist  of  the  president  of  the  state  edu- 
cational association,  the  superintendent  of  public  instruction  and  a  member 
elected  by  the  county  superintendents  of  the  state. 

The  president  of  the  State  Educational  Association  shall  be  the  president 
of  the  board  and  the  members  of  the  board  shall  elect  a  secretary  who  shall 
not  be  of  their  number  and  who  shall  have  no  voice  in  the  proceedings  of  the 
board.  The  secretary  shall  receive  such  salary  as  may  be  fixed  by  the  board, 
who  shall  also  prescribe  his  duties.  The  board  of  managers  of  the  Teachers' 
Reading  Circle  shall  hold  at  least  one  meeting  each  year  to  select  the  books 
to  be  read,  and  shall  have  general  charge  of  the  Teachers'  Reading  Circle  work 
in  the  state.  The  members  of  the  board  of  managers  shall  receive  no  com- 
pensation, but  their  actual  traveling  expenses  incurred  in  the  discharge  of 
their  duties  shall  be  paid  from  the  fees  collected  for  state  certificates  and  life 
diplomas  in  the  manner  hereinbefore  provided. 

§  18.  Office  Provided]  An  office  shall  be  provided  for  him  at  the  seat 
of  government  in  which  he  shall  file  all  papers,  reports  and  public  documents 
transmitted  to  him  by  the  county  superintendents  each  year,  separately,  and 
hold  the  same  in  readiness  to  be  exhibited  to  the  governor  or  a  committee  of 
either  house  of  the  legislature  at  any  time  when  required,  and  he  shall  keep  a 
faithful  record  of  all  matters  pertaining  to  his  office.  All  books  presented  to 
his  office  or  purchased  therefor  shall  be  carefully  preserved  and  catalogued 
by  him.  The  educational  library  thus  formed  shall  be  open  to  the  teachers  of 
the  state  for  reference  and  examination. 

§  19.  Deputy  Superintendent]  He  shall  have  the  power  to  appoint  a 
deputy  who  shall  perform  such  duties  pertaining  to  the  office  as  the  superin- 
tendent may  direct  and  who  shall  receive  such  salary  as  the  deputies  of  the  other 
state  officers. 

§  20.  Salary  of  Superintendent]  He  shall  receive  such  salary  as  is  pre- 
scribed by  law  and  also  a  sum  not  exceeding  fifteen  hundred  dollars  per  annum 
for  traveling  and  other  expenses  while  traveling  on  the  business  of  the  depart- 
ment. The  traveling  expense  account  and  certified  bills  for  necessary  office 
expenses,  and  for  the  printing  of  such  blanks  and  reports  as  are  required  by 
law,  shall  be  paid  on  the  warrant  of  the  state  auditor. 

ARTICLE   II 
County  Supervision 

§  21.  Election  of  Superintendent]  In  each  organized  county  at  the  first 
general  election  held  after  the  admission  of  the  state  of  South  Dakota  into  the 
union,  and  every  two  years  thereafter  there  shall  be  elected  a  superintendent 
of  schools  whose  term  of  office  shall  be  two  years,  and  no  person  shall  be  eligible 
for  more  than  four  years  in  succession. 

§  22.  No  person  shall  be  eligible  to  hold  the  office  of  county  superin- 
tendent who  is  not  Ihe  holder  of  a  regular  first  grade  certificate  or  a  certifi- 
cate of  higher  grade  valid  in  the  state  at  the  date  of  his  induction  into  such 
office  and  at  least  one  year  previous  thereto. 

That  if  any  person  shall  file  a  statement  on  oath,  with  the  county 
auditor  ITj  days  prior  to  the  holding  of  any  primary  election,  or  other  election, 
that  any  person  wlioFe  name  has  been  certified  to  the  county  auditor  as  a 
candidate  for  county  superintendent  upon  any  ticket  is  not  qualified  under 
the   provisions   of   this   act  to   hold   the   office   of   county   superintendent,    said 


SOUTH  DAKOTA  SCHOOL  LAWS 


candidate  shall  within  5  days  after  being  notified  of  said  statement  being  filed. 
file  with  the  county  auditor  full  proof  that  he  is  qualified  to  hold  said  office, 
and  if  he  fails  to  do  so,  the  name  of  said  person  shall  not  be  placed  upon 
the  official  ballot  as  a  candidate  by  the  county  auditor. 

§  23.  Qualification]  The  county  superintendent  shall  qualify  on  or  before 
the  first  Tuesday  in  January  of  the  year  following  the  one  in  which  he  is 
elected,  by  taking  the  proper  oath  of  office  and  executing  a  bond  in  the  sum 
of  five  hunderd  dollars  with  two  or  more  sureties  to  be  approved  by  the  board 
of  county  commissioners.  The  oath  shall  be  subscribed  upon  the  back  of  the 
bond,  which  shall  be  filed  with  the  county  auditor.  The  sureties  of  such  bond 
shall  be  bound  jointly  and  severally,  and  upon  it  an  action  or  actions  may 
be  maintained  by  the  board  of  county  commissioners  for  the  benefit  of  the 
district  or  person  or  fund  injured  by  the  conditions  thereof. 

§  24.  Vacancy]  When  the  office  of  county  superintendent  shall  become 
vacant  by  death,  resignation,  removal  or  otherwise,  the  county  board  of  com- 
missioners shall  fill  the  vacancy  by  appointment,  and  the  person  so  appointed 
shall  hold  his  office  until  the  election  of  county  officers. 

§  25.  Deputy  County  Superintendent]  In  counties  having  more  than  sev- 
enty-five schools  the  county  superintendent  shall  have  power  to  appoint  one 
deputy,  who  shall  receive  such  compensation  as  the  county  commissioners  may 
provide. 

§  26.  Prohibition  from  Holding  Other  Offices]  The  county  superintend- 
ent shall  not  hold  the  office  of  county  commissioner  or  school  district  officer. 

§  27.  Salary]  The  county  superintendent  shall  receive  a  salary  payable 
monthly  and  to  be  determined  as  follows:  By  the  value  of  the  property  in 
their  respective  counties  as  fixed  by  the  state  board  of  equalization  for  the 
preceding  year,  and  by  the  population  of  their  respective  counties. 

He  shall  be  entitled  to  receive  one  mill  on  each  dollar  of  the  first  one 
hundred  thousand  dollars,  and  three-eighths  of  one  mill  on  each  dollar  from 
one  hundred  thousand  dollars  to  six  hundred  thousand  dollars,  and  one-fourth 
of  one  mill  on  each  dollar  from  six  hundred  thousand  dollars  to  one  million, 
one  hundred  thousand  dollars;  and  one-tenth  of  one  mill  on  each  dollar  from 
one  million,  one  hundred  thousand  dollars  to  two  million,  six  hundred  thousand 
dollars;  and  one-twentieth  of  one  mill  on  each  dollar  on  all  sums  above  two 
million,  six  hundred  thousand  dollars.  And  in  addition  to  the  above  named 
sum  he  shall  receive  for  the  first  one  thousand  inhabitants  within  his  county 
the  sum  of  seventy-five  dollars,  for  each  additional  one  thousand  inhabitants 
within  the  county,  or  major  fraction  thereof,  he  shall  receive  fifty  dollars; 

Provided,  that  he  shall  not  receive  more  than  fifteen  hundred  in  any  county 
nor  any  other  compensation,  except  as  provided  in  section  52. 

Provided  further,  that  in  counties  having  an  assessed  valuation  of  less 
than  three  hundred  thousand  dollars,  the  salary  shall  not  exceed  two  hundred 
dollars. 

§  28.  Penalty]  The  county  superintendent  shall  sign  his  name  in  the 
attendance  register  of  each  school  he  visits,  showing  the  date  thereof;  and 
he  shall  carry  a  record  book  of  such  visits,  which  book  shall  be  signed  by  the 
teacher  of  the  school  visited  by  him,  and  such  book  shall  be  filed  with  the 
county  auditor  along  with  the  bill  of  such  superintendent's  salary  for  the  last 
month  of  the  calendar  year;  and  it  shall  be  the  duty  of  the  county  commission- 
ers to  deduct  from  the  salary  of  such  superintendent  for  such  last  month  ten 
dollars  for  each  and  every  school  in  the  county  under  the  direct  supervision 
of  such  superintendent  and  not  visited  by  him  within  such  calendar  year. 

§  29.  Traveling  Expenses]  The  county  superintendent  of  schools  shall 
receive  five  cents  per  mile  each  way  for  every  mile  necessarily  traveled  in 
attending  such  meeting  of  county  superintendents  as  may  be  convened  by  the 
state  superintendent  at  any  time. 

Provided,  that  the  county  superintendent  of  schools  shall  receive  five  cents 


SOUTH   DAKOTA   SCHOOL   LAWS 


per  mile  each  way  for  every  mile  necessarily  traveled  in  attending  such  meet- 
ing of  county  superintendents  as  may  be  convened  by  the  state  superintendent 
at  any  time. 

Provided,  that  the  county  superintendent  shall  be  reimbursed  by  the 
county  for  their  necessary  traveling  expenses  incurred  in  visiting  schools  or 
attending  teachers'  meetings  within  the  county  at  the  rate  of  five  cents  per 
mile  for  each  mile  actually  and  necessarily  traveled.  The  county  superintend- 
ent shall  make  and  furnish  quarterly  to  the  county  commissioners  an  itemized 
statement  of  said  expenses  subscribed  and  sworn  to,  which  claims  shall  be 
audited  and  ordered  paid  by  the  board  of  county  commissioners  as  are  other 
claims  against  the  county;  the  total  of  such  sums  allowed  a  county  superin- 
tendent in  any  one  year  shall  not  exceed  two  hundred  ($200.00)  dollars. 

Provided  that  the  mileage  and  traveling  expenses  herein  provided  for 
shall  not  be  regarded  as  compensation. 

§  30.  Provide  Office]  The  county  superintendent  may  provide  at  the 
county  seat  a  suitable  office  for  the  transaction  of  business,  when  not  provided 
by  the  board  of  county  commissioners,  and  they  shall  allow  accounts  for  all 
necessary  expenditures  for  the  use  and  furnishing  of  said  office  and  for  neces- 
sary stationery  and  printing.  All  books  and  pamphlets,  circulars  of  informa- 
tion and  other  publications  from  the  bureau  of  information  of  the  United 
States,  and  all  official  publications  of  this  state  and  other  public  documents 
and  books  relating  to  education,  officially  received  by  him,  shall  be  deemed 
public  property  and  shall  be  kept  in  his  office,  and,  with  other  public  property 
and  records,  delivered  to  his  successor.  He  shall  furnish  the  board  of  county 
commissioners  such  statistics  relating  to  the  schools  of  the  county  and  the 
officers  thereof  as  they  shall  desire,  and  as  shall  enable  them  to  perform  their 
duties  correctly. 

§  3L  Duties  of  County  Superintendent]  The  county  superintendent  of 
schools  shall  be  charged  with  the  general  supervision  of  the  schools  of  his 
county.  In  towns  having  less  than  one  thousand  inhabitants  he  shall  have 
authority  of  direct  supervision. 

§  32.  He  shall  visit  each  school  in  his  county  as  frequently  as  possible, 
at  least  once  each  school  year,  correcting  any  deficiency  that  may  exist  in 
the  government  of  the  school,  in  the  classification  of  the  pupils,  or  in  the 
methods  of  instruction  in  the  several  branches  taught;  make  such  suggestions 
as  he  shall  deem  proper  and  necessary  for  the  welfare  of  the  school;  note 
the  character  and  condition  of  the  school  house,  furniture,  apparatus  and 
grounds,  making  such  suggestions  to  the  district  officers  as  will  in  his  opinion 
improve  the  same.  In  case  of  flagrant  or  willful  neglect  on  the  part  of  the 
school  board  to  make  the  necessary  repairs  for  the  school  or  to  correct  un- 
sanitary conditions  or  provide  suitable  water  closets  according  to  section  109 
of  the  article  relating  to  powers  and  duties  of  the  district  school  board  within 
thirty  days  after  written  notice  he  shall  have  power  to  order  such  repairs  and 
changes  as  he  may  deem  necessary  and  the  school  district  shall  pay  expenses 
thus  incurred  from  the  district  treasury  not  to  exceed  $50.00  in  any  one  year. 

§  33.     He  shall  keep  a  complete  record  of  his  official  acts. 

§  34.  He  shall  keep  a  record  of  the  name,  age  and  postoffice  address  of 
each  candidate  for  a  certificate  to  teach,  standing  in  each  study,  and  the  grade, 
date  of  issue  and  expiration  of  each  certificate  granted.  He  shall  keep  on  file 
the  papers  of  applicants  for  special  certificates,  at  least  for  the  periods  for 
which  a  certificate  is  granted. 

§  35.  He  shall  keep  a  register  of  the  teachers  employed  in  his  county, 
giving  the  name  of  teachers,  district  in  which  employed,  date  of  opening  and 
closing  terms,  salary  per  month,  grade  of  certificate  and  date  of  superintend- 
ent's visits. 

§  36.  He  shall  keep  a  record  of  all  apportionments  of  the  state  and  county 
school  funds,  and  such  other  statistical  records  as  shall  be  required  in  making 
reports  to  the  superintendent  of  public  instruction.     In  addition  to  his  annual 


SOUTH  DAKOTA  SCHOOL  LAWS 


report  he  shall,  whenever  called  upon  by  the  superintendent  of  public  instruc- 
tion, make  such  special  reports  as  may  be  required. 

§  37.  The  county  superintendent  of  schools  shall  encourage  teachers'  in- 
stitutes and  associations,  and  shall  labor  in  every  practicable  way  to  elevate 
the  standard  of  teaching,  urge  the  continual  employment  of  successful  and  ef- 
ficient teachers,  and  prevent  by  all  proper  means,  the  employment  of  those 
who  are  incompetent  and  inefficient  and  seek  to  make  the  employment  of  all 
teachers  a  responsible  public  duty,  for  the  public  advantage  only,  and  free 
from  favor  and  sectarian  interest. 

§  38.  It  shall  be  the  duty  of  the  county  superintendent  to  hold  district 
institutes  during  the  school  year,  and  he  shall  actively  and  earnestly  promote 
the  same.  .  In  holding  said  institutes  he  may  group  two  or  more  districts  in 
institute  organization.  Said  districts  shall  be  so  arranged  that  the  teachers 
in  each  district,  or  group  of  districts,  shall  have  the  benefit  of  such  institutes 
at  least  twice  during  the  school  year.  He  may  in  his  discretion  close  a  part 
or  all  of  the  schools  of  his  county,  not  to  exceed  two  days  in  a  school  year 
for  the  purpose  of  convening  his  teachers  in  convenient  places  for  teachers' 
meetings  or  for  institute  purposes.  Provided  that  the  teachers  attending  such 
meetings  shall  sustain  no  loss  of  pay. 

§  39.  It  shall  be  the  duty  of  the  county  superintendent  to  encourage  the 
formation  of  Teachers'  Reading  Circle  in  his  county.  He  shall  report  on  or 
before  December  fifteenth  of  each  year  to  the  secretary  of  the  state  Teachers' 
Reading  Circle  the  enrollment  of  all  persons  in  his  county  known  to  him  to  be 
pursuing  the  work  of  said  circle,  plans  by  which  the  work  thereof  is  being 
carried  on,  and  all  matters  of  general  interest  thereto.  He  shall,  under  the  di- 
rection of  the  superintendent  of  public  instruction,  arrange  for  an  annual  ex- 
amination in  the  State  Teachers'  Reading  Circle  course  in  his  county,  and  it 
shall  be  his  duty  to  preside  at  the  same  or  to  appoint  some  competent  person 
to  do  so;  to  collect  all  papers  submitted  and  to  forward  the  same  promptly  to 
the  secretary  of  the  board  of  managers.  He  shall  co-operate  as  fully  as  pos- 
sible with  the  board  of  managers  of  the  State  Teachers'  Reading  Circle  in  ad- 
vancing the  work  of  that  organization. 

§  40.  County  Normal  Institute]  It  shall  be  the  duty  of  the  county  super- 
intendent to  hold  annually  a  normal  institute,  between  the  first  day  of  April 
and  the  fifteenth  day  of  September,  of  not  less  than  five  days'  duration,  for 
the  instruction  of  teachers  and  those  who  desire  to  teach,  and  he  shall  procure 
such  assistance  in  addition  to  the  conductor  as  he  may  deem  necessary. 

At  the  close  of  the  normal  institute,  the  conductor  thereof  shall  imme- 
diately certify  to  the  county  auditor  the  dates  of  opening  and  closing  said  in- 
stitute and  forward  to  him  a  certified  copy  of  his  commission.  The  county 
auditor  shall  immediately  present  such  data  to  the  county  treasurer,  who  shall 
thereupon  transfer  from  the  county  general  fund  to  the  county  institute  fund 
the  equivalent  of  ten  cents  per  capita  upon  the  school  census  of  the  county 
for  the  current  year,  provided,  that  if  the  per  capita  amount  so  ascertained 
shall  be  less  then  $150  in  any  county  then  at  least  the  sum  of  one  hundred  fifty 
dollars  shall  be  transferred  by  the  board  of  county  commissioners  to  the 
county  institute  fund. 

Provided,  that  the  county  commissioners  may  make  additional  appropria- 
tions to  the  county  institute  fund  when  in  their  judgment  it  is  necessary  in 
order  to  provide  an  effective  institute.  All  disbursements  of  the  institute  fund 
shall  be  made  upon  warrant  of  the  county  auditor  upon  certified  itemized  bills, 
approved  by  the  county  superintendent  for  services  rendered  or  expenses  in- 
curred in  connection  with  the  normal  institute. 

§  41.  Joint  Institutes]  The  county  superintendent  may  hold  the  county 
normal  institute  in  his  own  county,  or,  he  may  hold  the  same  in  an  adjoining 
county  for  the  purpose  of  combining  with  such  other  county  or  counties  if  in 
his  judgment  it  is  to  the  best  educational  interests  of  his  county. 

When  two  or  more  county  institutes  are  combined  and  held  in  one  county, 
all  bills  against  the  county  institute  fund  shall  be  audited  in  the  county  where 


SOUTH   DAKOTA   SCHOOL   I^WS 


the  institute  is  lield,  and  all  disbursements  of  the  institute  fund  shall  be  made 
upon  warrant  of  the  county  auditor  upon  itemized  bills  approved  by  a  majority 
of  the  county  superintendents  holding  such  joint  institute. 

Counties  holding  joint  institutes  shall  share  the  expense  of  such  institute 
in  such  proportion  as  the  number  of  children  enumerated  in  the  school  census 
of  each  county  bears  to  the  total  number  of  children  enumerated  in  the  coun- 
ties so  combined  in  the  institute. 

The  county  superintendents  of  the  counties  combined  for  institute  pur- 
poses shall  determine  each  county's  share  of  the  expense  of  the  institute  as 
above  provided  and  shall  send  a  certified  statement  of  the  same  signed  by  a 
majority  of  the  county  superintendents  to  the  auditor  of  each  county  so  com- 
bined, whereupon  the  county  auditor  so  notified  shall  issue  a  warrant  on  the 
institute  fund  in  favor  of  the  county  treasurer  of  the  county  in  which  the  in- 
stitute was  held  for  his  county's  share  of  said  expense,  and  the  said  county 
treasurer  shall  place  it  to  the  credit  of  the  institute  fund  of  his  county. 

§  42.  District  Officers'  Meetings]  Each  year  the  county  superintend- 
ent shall  require  the  district  school  oflficers  of  his  county  to  assemble  at  one 
or  more  convenient  locations  for  discussing  questions  intended  to  promote  the 
school  interests  of  the  county.  In  his  discretion  he  may  close  all  the  schools 
of  his  county  and  require  the  attendance  of  the  teachers  at  such  meetings; 
provided,  that  he  shall  give  the  interested  persons  ten  days'  notice  and  shall 
also  notify  the  state  superintendent  of  public  instruction  of  such  meeting. 

Provided  further,  that  school  officers  shall  receive  a  per  diem  of  one  dol- 
lar and  fifty  cents  and  five  cents  per  mile  each  way  for  every  mile  necessarily 
traveled  in  attending  the  same,  which  shall  be  paid  from  the  district  treasury. 
If  the  teachers  are  required  to  attend  they  shall  sustain  no  loss  of  pay. 

§  43.  Examination  of  Officers'  Accounts]  It  shall  be  the  duty  of  the 
county  superintendent  at  least  once  each  year  to  notify  the  various  district 
school  officers  of  the  time  and  place  he  will  meet  with  them,  and  personally 
or  through  his  deputy,  to  determine  the  accuracy  of  the  school  officers'  records 
and  to  advise  them  as  to  the  proper  form  of  keeping  such  accounts  and  it 
shall  be  the  duty  of  said  officers  to  bring  or  send  said  records  of  their  respective 
offices  to  the  superintendent  or  his  deputy  at  the  place  and  time  specified  in  said 
notice.  Should  any  such  officer  fail  to  make  his  report  according  to  law  and  at 
the  time  required,  the  county  superintendent  is  authorized  to  procure  the  same 
by  examination  of  the  records,  files  and  accounts  of  such  officer  for  the  purpose 
of  obtaining  such  information.  It  shall  be  the  duty  of  the  county  superintend- 
ent to  file  with  the  chairman  of  the  district  board  a  certified  statement  of  the 
condition  of  the  records,  accounts  and  funds  of  the  treasurer  and  clerk  as  shown 
by  said  examination. 

§  44.  Medium  of  Communication]  The  county  superintendent  shall  at 
all  times  conform  to  the  instructions  of  the  superintendent  of  public  instruc- 
tion as  to  matters  within  the  jurisdiction  of  the  latter.  He  shall  serve  as  a 
medium  of  communication  between  the  superintendent  of  public  instruction 
and  the  district  officers. 

§  4.5.  Power  to  Administer  Oaths]  The  county  superintendent  shall  have 
power  to  administer  oaths  of  office  to  all  subordinate  school  officers  in  his 
county  and  to  certify  to  the  same;  and  district  clerks  and  chairmen  are  hereby 
empowered  to  administer  oaths  in  all  matters  to  which  their  respective  districts 
may  be  a  party. 

§  4G.  Power  to  Close  School]  The  county  superintendent  shall  have 
power  to  close  any  school  under  his  supervision  on  account  of  contagious 
disease,  or  for  any  other  good  and  sufficient  cause  known  to  him. 

§  47.  Census  Enumeration  Report]  On  or  before  the  first  day  of  July 
in  each  year,  each  county  superintendent  shall  report  under  oath  to  the  com- 
missioner of  school  and  public  lands  the  enumeration  of  persons  of  school  age 
in  each  school  district  in  his  county,  according  to  the  census  of  the  school 
districts  as  hereinafter  provided.     And  this  enumeration  shall  also  be  used  by 


SOUTH  DAKOTA  SCHOOL  LAWS 


the  county  superintendent  as  a  basis  for  apportioning  the  county  general  school 
fund. 

§  48.  Apportionment  of  School  Money]  The  county  treasurer  shall  on  or 
before  the  fifth  day  of  January  and  July  furnish  the  county  superintendent  with 
a  statement  of  all  moneys  in  the  county  treasury  belonging  to  the  county  gen- 
eral school  fund,  and  shall  pay  the  same,  upon  the  order  of  the  superintendent, 
to  the  treasurers  of  the  respective  public  school  corporations  of  the  county. 
The  county  treasurer  shall  also  pay  at  such  times  as  are  required  by  law,  to 
the  treasurer  of  each  school  corporation,  all  of  the  school  money  collected  for 
such  corporation,  and  shall  take  duplicate  receipts  for  the  money  paid.  He 
shall  send  one  of  the  receipts  to  the  clerk  of  the  said  school  corporation. 

§  49.  The  county  superintendent  shall  on  the  tenth  day  of  January  and 
July  in  each  year  apportion  the  money  in  the  county  treasury  belonging  to  the 
county  general  school  fund  to  the  several  school  corporations  within  the 
county  in  proportion  to  the  number  of  children  of  school  age  residing  therein. 
He  shall  also  draw  orders  on  the  county  treasurer  in  favor  of  the  several  school 
treasurers  of  the  county  for  the  amount  apportioned  to  them,  and  shall  take 
their  receipts  therefor. 

§  50.  County  General  School  Fund]  The  county  general  school  fund  to 
be  thus  apportioned  shall  consist  of  the  money  received  from  the  income  of 
the  permanent  school  fund  of  the  state  as  apportioned  to  the  several  counties 
by  the  commissioner  of  school  and  public  lands,  and  the  money  derived  from 
the  tax  levy  of  one  dollar  on  each  elector  in  the  county,  and  also  the  fines  as 
provided  for  in  section  398  of  chapter  35  of  Penal  Code. 

§  51.  Annual  Report  to  State  Superintendent]  The  county  superintend- 
ent shall  on  or  before  the  first  Monday  of  September  of  each  year,  make  a 
report  to  the  superintendent  of  public  instruction  containing  a  full  abstract 
of  the  reports  made  to  him  by  the  district  officers  and  such  other  matters  as 
he  shall  be  directed  to  report  by  the  said  superintendent,  and  as  he  himself 
may  deem  essential  in  exhibiting  the  true  condition  of  the  schools  under  his 
charge.  Should  he  fail  to  make  such  report  he  shall  forfeit  to  the  school  fund 
of  his  county  the  sum  of  one  hundred  dollars,  and  shall  besides  be  liable  for  all 
damages  caused  by  such  neglect. 

§  52.  Failure  of  District  Officers  to  Report]  If  any  district  officer  fails 
or  neglects  to  transmit  or  deliver  to  the  county  superintendent  the  annual 
report  of  his  district  at  the  time  required  by  law,  it  shall  become  the  duty 
of  the  county  superintendent  to  visit,  said  district  officer  at  his  residence  in 
said  district  and  obtain  such  report.  Upon  sworn  statement  of  such  visit 
being  filed  with  the  county  auditor,  the  county  commissioners  shall  order  the 
sum  of  five  dollars  to  be  transferred  from  the  general  fund  of  said  district  to 
the  county  general  fund  and  a  county  warrant  for  that  amount  shall  be  issued 
to  the  county  superintendent. 

§  53.  Superintendent  to  Give  Advice]  The  .  county  superintendent  of 
schools  shall  when  requested  give  advice  relative  to  school  matters  to  any  school 
officer  or  person  within  the  county;  but  such  advice  shall  be  advisory  only. 

§  54.  Teacher's  Certificate]  The  state  superintendent  of  public  in- 
struction shall  be  authorized  to  issue  teachers'  certificates  of  the  following 
grades:  A  first  grade  certificate  valid  for  not  to  exceed  thi'ee  years,  a  second 
grade  certificate  valid  for  not  to  exceed  two  years,  a  third  grade  certificate 
valid  for  not  to  exceed  one  year,  and  a  primary  teachers'  certificate  for  not  to 
exceed  five  years.  The  requirements  for  all  these  certificates  shall  include 
both  scholastic  and  professional  ability.  A  complete  certificate  shall  certify 
the  scholastic  and  professional  requirements,  skill  in  teaching  and  moral  char- 
acter. Written  answers  for  the  scholastic  examination  hereinafter  provided 
for  shall  be  read  and  marked  under  the  direction  of  the  state  superintendent 
of  public  instruction,  and  the  markings  for  the  professional  requirements  shall 
be  given  by  the  county  superintendent  who  shall  also  be  the  judge  of  skill  in 
teaching  and  moral  character  of  the  applicant.    Provided,  that  a  diploma  from 


10  SOUTH  DAKOTA  SCHOOL  LAWS 


any  state  normal  school  or  any  approved  school  of  South  Dakota,  having  a 
normal  department  approved  for  normal  training  by  the  st?te  superintendent, 
having  a  course  of  study  in  which  at  least  two  years'  work  beyond  the  first- 
two  years  in  an  approved  four-year  high  school  course  is  r^equired  and  which 
shall  include  professional  instruction  and  practice  teaching  -equal  to  one  class 
hour  daily  for  two  years  may  he  accepted  by  the  state  superintendent  in  lieu 
of  an  examination  for  a  first  grade  certificate. 

Provided,  further,  that  a  diploma  from  any  state  no'-mal  school  or  any 
approved  school  of  South  Dakota,  having  a  normal  department  approved  by  the 
state  superintendent  for  such  normal  training,  having  a  course  of  study  in 
which  at  least  two  years'  work  beyond  the  approved  eighth  grade  course  of 
the  public  schools  of  South  Dakota  is  required  and  which  shall  include  profes- 
sional instruction  and  practice  teaching  equal  to  one  hour  a  week  for  two 
years  may  be  accepted  by  the  state  superintendent  in  lieu  of  an  examination 
for  a  second  grade  certificate. 

Provided,  further,  that  the  course  of  study  pursued  by  every  applicant  for 
a  certificate  under  the  provisions  of  this  section  shall  include  all  those 
branches  of  study  required  in  the  examination  for  first  and  second  grade  cer- 
tificates respectively. 

The  provisions  of  this  act  shall  not  affect  the  rights  of  persons  hold- 
ing certificates,  provisional  certificates  or  diplomas  as  the  date  of  the  passage 
of  this  law  or  who  may  acquire  certificates,  provisional  certificates  or  di- 
plomas before  this  law  becomes  effective,  but  such  persons  shall  be  entitled 
to  receive  from  the  state  superintendent  certificates  of  the  grade  and  standing 
which  would  be  awarded  were  this  law  not  enacted. 

§  5.5.  First  Grade  Certificates]  A  complete  first  grade  certificate  certify- 
ing to  scholastic  requirements  by  the  state  superintendent  and  to  professional 
requirements,  skill  in  teaching  and  moral  character  by  the  county  superintend- 
ent in  whose  county  the  examination  is  held,  shall  be  valid  in  any  county  of 
the  state,  in  all  grades  below  the  high  school.  Applicants  for  certificates  of 
this  gi-ade  shall  pass  an  examination  in  orthography,  reading,  writing,  arith- 
metic, geography,  physical  geography,  English  grammar,  physiology  and  hy- 
giene, with  special  reference  to  the  effects  of  alcoholic  drinks  and  narcotics 
upon  the  human  system,  history  of  the  United  States,  civil  government,  current 
events,  American  literature.  South  Dakota  history,  drawing  and  didactics. 

§  56.  Second  Grade  Certificates]  A  complete  second  grade  certificate 
for  both  scholastic  and  professional  requirements,  signed  by  the  state  superin- 
tendent and  the  county  superintendent,  as  indicated  above  for  first  grade  cer- 
tificate, shall  be  valid  in  all  grades  below  the  high  school  in  the  county  in 
which  the  examination  is  held,  and  may  similarly  be  made  valid  in  any  county 
by  the  endorsement  of  the  county  superintendent  of  said  county.  Applicants 
for  certificates  of  this  grade  shall  pass  examination  in  orthography,  reading, 
writing,  arithmetic,  physiology  and  hygiene  with  special  reference  to  the  effect 
of  alcoholic  drinks  and  narcotics  upon  the  human  system,  geography,  English 
grammar,  history  of  the  United  States,  civil  government.  South  Dakota  history, 
didactics  and  drawing. 

§  57.  Third  Grade  Certificates]  A  third  grade  certificate  valid  in  grades 
below  the  high  school  only  in  the  county  where  issued  and  in  such  district  as 
the  county  superintendent  shall  designate  upon  its  face  and  signed  by  the  state 
superintendent  and  county  superintendent,  may  be  issued  in  the  discretion  of 
the  state  supeiintendent  to  those  candidates  who  have  failed  in  their  examina- 
tion to  masure  up  to  the  requirements  of  the  department  for  the  second  grade 
certificate.  No  teacher  shall  be  entitled  to  receive  more  than  two  third  grade 
certificates. 

§  58.  Primary  Certificates]  A  primary  teacher's  certificate  shall  authorize 
the  holder  thereof  to  teach  in  the  kindergarten  and  first  and  second  grades 
only  in  cities  and  towns,  and  shall  be  issued  on  examination  in  the  following 


SOUTH  DAKOTA  SCHOOL  LAWS  11 

branches:  Reading,  writing,  orthography,  arithmetic,  physiology  and  hygiene 
with  special  reference  to  the  effects  of  alcoholic  drinks  and  narcotics  upon  the 
human  system,  geography,  English  grammar,  history  of  the  United  States, 
South  Dakota  history,  drawing,  didactics,  and  in  questions  in  kindergarten  and 
primary  methods.  The  primary  teacher's  certificate  shall  be  valid  in  the  county 
where  issued  and  may  be  made  valid  in  other  counties  by  the  endorsement  of 
ihe  county  superintendent. 

§  59.  Regulations  for  Holding  Examinations]  The  regulations  for  hold- 
ing the  examinations  by  the  county  superintendent  in  each  county  and  the  re- 
quired standards  upon  which  the  various  certificates  shall  be  issued  shall  be 
prescribed  by  the  state  superintendent  of  public  instruction. 

Provided  that  no  person  shall  be  entitled  to  a  certificate  of  any  grade  who 
has  not  attained  to  the  age  of  eighteen  years  and  who  does  not  present  evidence 
of  good  moral  character. 

Provided  further,  that  applicants  for  first,  second  or  third  grade  certifi- 
cates, and  for  primary  teachers'  certificates,  shall  pay  a  fee  of  one  dollar.  All 
such  fees  shall  be  collected  by  the  county  superintendent  and  deposited  with 
the  county  treasurer,  one-half  to  the  credit  of  the  institute  fund  and  one-half 
to  the  credit  of  the  general  fund  of  the  state,  to  be  turned  into  the  state  treasury, 
and  it  shall  be  placed  to  the  credit  of  the  same  fund  as  fees  for  state  certificates 
and  life  diplomas. 

§  60.  Time  of  Examinations]  The  time  for  regular  examinations  shall 
be  uniform  throughout  the  state  and  the  examination  shall  be  conducted  by 
the  county  superintendent  in  each  county,  or  by  persons  appointed  by  him 
strictly  according  to  regulations  prescribed  by  the  department  of  public  instruc- 
tion. 

An  aflSdavit  may  be  required  of  such  examiner,  certifying  that  the  regula- 
tions regarding  such  examinations  have  been  fully  observed.  Such  public  notice 
shall  be  given  of  the  time  and  place  and  regulations  governing  the  examination, 
as  the  superintendent  of  public  instruction  may  determine.  The  local  expense  for 
the  examinations  herein  provided  for  in  each  county  shall  be  paid  by  the  county 
in  which  said  examinations  are  held.  The  necessary  expenses  incurred  by  the 
superintendent  of  public  instruction  in  carrying  out  the  provisions  of  this  act 
shall  be  paid  from  the  appropriation  made  for  the  maintenance  of  the  depart- 
ment of  education. 

§  61.  Teachers  to  Draw  Pay]  The  regular  examinations  shall  be  public 
and  the  teachers  desiring  to  take  the  same  may  dismiss  their  schools  for  that 
purpose  for  a  period  not  exceeding  two  days  in  each  year,  without  loss  of  pay. 

§  62.  Special  Certificates]  Any  county  superintendent  may,  on  his  own 
examination,  issue  a  certificate  of  the  first,  second  or  third  grade  to  applicants 
who  present  satisfactory  proof  that  they  were  unable  to  be  present  at  the 
public  regular  examination.  Such  certificate  shall  be  termed  a  special  certifi- 
cate and  shall  be  valid  only  in  grades  below  the  high  school  in  a  district  specified 
on  its  face  and  until  the  next  succeeding  public  regular  examination. 

§  63.  Prohibition  on  Teaching]  No  person  shall  be  allowed  to  teach  in 
any  of  the  public  schools  of  this  state  nor  draw  wages  as  a  public  school  teacher 
who  is  not  the  holder  of  a  valid  teacher's  certificate  issued  pursuant  to  the 
provisions  of  this  and  the  preceding  articles. 

Provided,  that  in  cities  and  other  independent  districts  persons  exclusively 
engaged  in  teaching  music,  drawing,  penmanship,  bookkeeping,  foreign  lan- 
guage or  kindergarten  method  shall  not  be  required  to  hold  a  county  certificate. 

§  64.  Revocation  of  Certificates]  The  county  superintendent  is  hereby 
authorized  and  required  to  revoke  at  any  time  first,  second  or  third  grade  cer- 
tificates and  primary  teachers'  certificates  for  any  cause  which  would  have  pre- 
vented the  issue  of  the  same,  for  incompetency,  immorality,  intemperance, 
violation  of  the  state  law,  cruelty,  general  neglect  of  the  business  of  the  school, 
and  for  refusal  and  neglect  to  attend  regularly  a  county  institute  and  at  least 
one  district  institute  each  year,  after  due  notice,  provided  that  holders  of  first 


12  SOUTH   DAKOTA   SCHOOL  LAWS 

or  higher  certificates,  in  force,  who  have  attended  regularly  at  least  four 
normal  institutes  may  be  excused  by  the  county  or  state  superintendent,  in 
his  discretion,  from  attendance  at  county  institute  for  such  current  year. 

§  65.  The  county  superintendent  within  ten  days  after  his  decision  to 
revoke  a  certificate,  shall  transmit  a  written  statement  to  the  person  accused, 
stating  the  gi-ound  upon  which  said  certificate  was  revoked  and  a  copy  of  the 
statement  shall  be  forwarded  to  the  state  superintendent  of  public  instruction. 
The  aggrieved  person  desiring  to  appeal  from  said  decision  within  ten  days 
after  receipt  of  such  notice,  shall  serve  a  written  notice  of  appeal  from  said 
decision  on  the  state  superintendent  of  public  instruction,  which  notice  shall 
specify  the  grounds  upon  which  the  appeal  is  taken.  The  state  superintendent 
shall  provide  for  a  fair  review  in  the  case  of  an  appeal  from  the  decision  of  a 
county  superintendent. 

ARTICLE   III 

§  66.  School  Corporations]  Any  school  district  containing  one  or  more 
schools  except  those  governed  by  the  provisions  of  Article  XI  relating  to  cities, 
towns  and  adjacent  territory  organized  as  independent  districts,  are  for  the 
purposes  of  this  chapter  defined  to  be  school  districts. 

§  67.  In  all  counties  organized  for  school  purposes  under  the  district 
system,  each  school  district  shall  be  and  remain  a  school  district  corporation 
until  changed  as  herein  provided.  Each  township  in  every  county  in  this  state 
which  consists  of  territory  not  organized  into  a  civil  township  shall  be  and 
remain  a  school  district  corporation  until  changed  as  herein  provided: 

Provided  further,  nothing  in  this  article  shall  be  construed  to  alter  the 
boundary  lines  of  any  school  district  or  of  any  school  township  organized  prior 
to  the  passage  of  this  chapter,  except  as  hereinafter  provided. 

§  68.  In  any  county  now,  or  hereafter  organized,  the  county  commissioners 
shall  divide  the  county  or  the  settled  portions  thereof  into  school  districts.  In 
the  formation  of  such  districts  and  the  formation  of  their  boundaries  as  provided 
for  in  this  section,  boundary  lines  of  congressional  townships  shall  be  made 
the  boundary  lines  of  the  districts; 

Provided,  that  the  commissioners  may,  at  their  discretion,  when  for  the 
best  interests  of  the  schools,  organize  one  or  more  congressional  townships 
into  one  school  district; 

Provided  further,  that  no  district  shall  be  thus  formed  in  which  there  are 
not  at  the  time  of  its  formation  at  least  ten  children  of  legal  school  age. 

§  69.  Division  of  District]  In  any  county  school  districts  may  be  divided 
as  follows:  Upon  receipt  of  a  petition  signed  by  at  least  one-third  of  the 
qualified  electors  of  any  district,  it  shall  be  the  duty  of  the  district  clerk  to 
post  a  notice  on  the  door  of  each  school  house  in  said  district,  calling  an  election 
for  the  purpose  of  dividing  said  district  into  new  districts. 

Provided,  that  said  petition  and  posted  notices  shall  contain  a  plat  of  the 
proposd  division,  and  a  copy  of  said  plat  shall  be  posted  by  the  district  c^erk 
at  the  polling  place  on  the  day  of  election; 

Provided  further,  that  said  petition  shall  be  filed  with  the  district  clerk 
at  least  twenty  days  prior  to  said  election  and  said  notices  shall  be  posted  at 
least  ten  days  before  said  election,  specifying  the  time  and  place  thereof. 

The  election  shall  be  held  on  the  second  Tuesday  of  March,  at  a  conven- 
ient place  designated  by  the  school  board  at  a  regular  or  special  meeting 
thereof; 

The  provisions  appertaining  to  the  election  of  district  school  officers  shall 
apply  to  this  election  as  near  as  applicable.  If  a  majority  of  the  votes  cast 
at  this  election  are  in  favor  of  division,  and  said  petition  and  poll  book  of  said 
election  are  on  file  with  the  county  auditor,  the  board  of  county  commissioners 
and  the  county  superintendent  shall,  at  the  next  regular  meeting  of  the  board 
of  county  commissioners  in  April  following  such  election,  divide  the  said  dis- 
trict in  accordance  with  the  return  of  said  petition  and  election.     Any  district 


SOUTH   DAKOTA   SCHOOL   LAWS  13 

which  comprises  two  or  more  civil  townships  may  be  dvided  in  accordance  with 
said  petition  and  election. 

At  the  regular  meeting  of  the  board  of  county  commissioners  in  July  fol- 
lowing said  election,  the  board  of  county  commissioners  and  the  county  super- 
intendent shall  make  an  equitable  apportionment  of  the  property  and  indebt- 
edness (other  than  bonded)  of  the  district  among  the  new  districts  formed 
therefrom ; 

Provided,  that  should  there  be  any  bonded  indebtedness  oustanding  against 
the  district,  the  county  commissioners  shall  levy  a  tax  annually  on  the  property 
of  the  new  districts  formed  therefrom  sufficient  to  pay  the  interest  and  prin- 
cipal of  the  bonds  as  the  same  become  due.  The  county  treasurer  shall  apply 
such  tax  to  the  payment  of  said  bonded  indebtedness,  and  when  the  bonds  are 
paid  and  cancelled  the  county  treasurer  shall  place  the  unused  balance,  if  there 
be  any  of  such  tax,  to  the  credit  of  the  districts  formed  therefrom. 

§  70.  Formation  of  Township  Districts]  Upon  the  receipt  of  a  petition 
signed  by  a  majority  of  the  qualified  electors  of  any  civil  township  in  said 
county  having  districts  smaller  than  civil  townships,  the  county  commssioners 
and  the  county  superintendent  of  schools  shall  declare  that  the  school  districts 
shall  comprise  a  school  township  district,  and  the  county  superintendent  shall 
appoint  the  necessary  officers  as  hereinafter  provided  in  section  90,  who  shall 
hold  until  the  next  election. 

§  71.  Election  of  New  Officers]  In  each  new  district  formed  by  division 
as  provided  for  in  section  69  the  officers  thereof  shall  be  chosen  at  the  annual 
school  meeting  following.  The  clerk  of  each  original  school  district  shall,  on 
or  before  the  first  Tuesday  in  July  following  the  division  as  provided  in  section 
69,  forward  to  the  county  auditor  a  certified  statement  of  the  finances  of  the 
district,  including  the  bonded  and  other  indebtedness.  The  treasurer  of  each 
original  district  shall  also  within  the  same  time  turn  over  to  the  county  treas- 
urer all  money  belonging  to  said  district,  and  such  money  shall  be  apportioned 
to  the  districts  succeeding  as  provided  in  the  preceding  sections. 

§  72.     Name  of  School  Corporation]     Every  school  district  which  consists 

of  a  civil  township  shall  be  named  the School  District  of 

county,  state  of  South  Dakota,  with  the  name  of  the  civil  township  inserted 
in  the  blank  before  the  word  school,  and  the  name  of  the  county  in  which  it 
is  situated  inserted  before  the  word  county.  Every  school  district  consisting 
of  territory  not  organized  into  a  civil  township,  but  which  has  been  named 
by  a  distinctive  name,  shall  have  such  distinctive  name  inserted  in  the  blank 
before  the  word. school.  Every  school  district  consisting  of  territory  not  or- 
ganized into  a  civil  township  and  which  has  no  distinctive  name  shall  be  called 

District  No of county,  with  its  proper  number  inserted 

in  the  blank  after  the  word  No.,  and  the  proper  name  of  county  inserted. 

§  73.  Change  of  Boundaries]  After  the  boundary  lines  of  the  several 
school  districts  in  a  county  are  established,  such  boundaries  at  any  regular  meet- 
ing may  be  changed  by  the  board  of  county  commissioners  and  the  county  su- 
perintendent of  schools  upon  a  petition  for  such  change  signed  by  ten  legal 
voters  residing  in  the  districts  to  be  affected  by  the  change;  due  notice  having 
been  given  by  the  county  auditor  to  the  school  boards  of  the  districts  to  be 
affected  by  such  proposed  change,  if  in  the  judgment  of  the  commissioners  and 
the  superintendent  such  change  is  for  the  best  interest  of  the  patrons  of  the 
schools. 

Provided,  that  when  petition  is  made  for  the  formation  of  a  district  from 
parts  of  two  or  more  counties,  the  commissioners  of  the  said  counties  may  in 
their  discretion  appoint  a  joint  commission  to  establish  the  boundaries  of  the 
proposed  district  and  to  adjust  all  the  accounts  relating  thereto.  The  said  joint 
commission  shall  appoint  the  necessary  officers  in  said  district.  It  shall  be 
the  duty  of  the  county  superintendent  of  the  county  in  which  the  school  house 
of  said  district  is  located  to  fill  all  vacancies  that  may  occur  thereafter,  to 
license    the    teacher    for    said    school    and    to    have    supervision    of   the    same. 


14  SOUTH   DAKOTA   SCHOOL  LAWS 

Whenever  district  boundaries  shall  be  changed  under  the  provisions  of  this 
article,  it  shall  be  the  duty  of  the  county  commissioners  and  the  county  super- 
intendent to  make  an  apportionment  of  property  and  indebtedness  as  herein- 
after provided. 

The  county  superintendent  of  any  county  in  this  state  shall  have  power  and 
it  shall  be  his  duty,  v^'henever  petitioned  so  to  do  by  any  land  owner  whose  place 
of  residence  on  such  land  in  any  school  district  in  such  county,  or  whose 
dwelling  house  thereon  is  more  than  three  miles  from  the  location  of  the  school 
house  in  such  district,  to  make  an  order  attaching  such  land,  not  to  exceed 
one  hundred  and  sixty  acres,  to  any  adjoining  school  district,  the  school  house 
in  which  is  located  within  three  miles  or  less  of  said  residence  or  dwelling 
house,  and  thereafter  said  land  shall  be  a  part  of  the  district  to  which  it  is  so 
attached. 

§  74.  School  District  a  Corporation]  Every  school  district  established 
under  the  provisions  of  this  article  or  heretofore  established,  shall  be  and  is 
hereby  constituted  a  district  corporation  for  school  purposes,  and  under  its  own 
proper  name  and  number  of  such  corporation  may  sue  and  be  sued,  contract 
and  be  contracted  with,  purchase,  hold  and  use  personal  and  real  property  for 
fhe  purpose  mentioned  in  this  article  and  sell  and  dispose  of  the  same. 

§  75.  Judgment]  Whenever  any  final  judgment  shall  be  obtained  against 
any  school  corporation,  the  board  thereof  shall  levy  a  tax  upon  the  taxable 
property  in  the  corporation  for  the  payment  thereof,  and  such  tax  shall  be  col- 
lected as  other  school  taxes,  but  no  execution  shall  issue  against  a  school  cor- 
poration. Such  tax  or  taxes  shall  not  be  greater  than  two  per  cent  in  any  one 
year,  and  any  surplus  fund  in  the  treasury  of  the  school  corporation  may  be 
appropriated  to  the  payment  of  a  judgment.  If  the  school  board  refuse  or  fail 
to  levy  such  tax,  the  judgment  creditor  may  apply  to  the  board  of  county  com- 
missioners, who  shall  cause  such  tax  to  be  levied  upon  the  property  of  the 
school  district.  When  collected  it  shall  be  paid  over  by  the  county  treasurer 
to  the  judgment  creditor,  whose  receipt  therefor  shall  be  delivered  the  same 
as  money  to  the  treasurer  of  the  school  corporation  by  the  county  treasurer. 
Such  levy  may  be  repeated  until  the  judgmetn  is  paid. 

§  76.  Courts  of  Jurisdiction]  Justices  of  the  peace  shall  have  jurisdic- 
tion in  all  cases  in  which  a  school  corporation  is  a  party  interested,  when  the 
amount  that  is  claimed  does  not  exceed  one  hundred  dollars,  and  the  party 
shall  have  the  right  to  appeal  as  in  other  cases. 

§  77.  Fines — How  Collected]  All  fines  and  penalties  not  otherwise  pro- 
vided for  in  this  chapter  shall  be  collected  by  action  in  any  court  of  competent 
jurisdiction. 

§  78.  Plat  of  County]  The  county  superintendent  shall,  within  thirty 
days  after  the  first  school  election  held  as  provided  herein,  transmit  to  the 
superintendent  of  public  instruction  a  plat  of  the  county  showing  the  boundaries 
and  name  of  each  school  district  therein.  He  shall  also  record  a  copy  of  the 
same,  together  with  all  the  proceedings  of  the  county  board  done  under  this 
article  in  a  proper  book  kept  for  that  purpose.  He  shall  promptly  furnish  such 
officer  with  a  correct  plat,  showing  any  changes  at  any  time  in  the  boundaries 
of  school  corporations.  The  superintendent  of  public  instruction  shall  furnish 
directions  for  the  suitable  preparation  and  construction  of  such  plats,  in  regard 
to  the  scale  of  marking,  etc.,  in  order  to  secure  a  uniform  series  of  maps  for 
binding  for  office  use. 

ARTICLE   IV 

District  School  Board 

§  79.  Election]  The  school  district  annual  election  shall  be  held  upon 
the  third  Tuesday  of  June  in  each  year. 

§  80.  Personnel  of  the  Board]  The  district  school  board  of  each  school 
district  shall  consist  of  a  chairman,  a  clerk,   and   a  treasurer,   who  shall  be 


SOUTH  DAKOTA  SCHOOL  LAWS  15 

elected  at  the  time  of  the  school  district  annual  election,  each  for  a  term  of 
three  years,  as  follows: 

A  chairman  in  1907  and  every  three  years  thereafter. 

A  clerli  in  1908  and  every  three  years  thereafter.  A  treasurer  in  1909  and 
every  three  years  thereafter. 

Provided,  that  school  officers  duly  elected  and  qualified  at  the  time  of 
the  passage  of  this  act  shall  continue  to  serve  as  officers  till  the  expiration 
of  their  respective  terms  of  office. 

§  81.  Annual  Election]  Not  less  than  ten  days  before  the  election  re- 
quired under  the  provisions  of  this  article,  the  district  clerk  shall  post  notices  in 
three  public  places  in  the  district.  Said  notices  shall  specify  the  time  and 
place  of  holding  the  election,  and  the  hours  during  which  the  polls  shall  be 
kept  open. 

The  chairman  and  clerk  of  the  district  board  shall  serve  as  judge  and 
clerk  of  the  election.  If  they  are  not  present  at  time  of  opening  the  polls, 
voters  present  may  select  a  judge  and  clerk  from  their  number.  The  polls  shall 
be  open  at  2  p.  m.  and  kept  open  two  hours  in  the  district  having  but  one 
school,  and  four  hours  in  districts  having  more  than  one  school.  All  persons 
who  are  qualified  electors  under  the  constitution  of  the  state  shall  be  qualified 
to  vote  at  any  school  district  election.  The  voting  must  be  by  ballot,  and  the 
polls  and  tally  list  supplied  through  the  county  superintendent,  must  be  kept 
and  returned  to  the  district  clerk,  who  sliall  upon  receipt  of  the  same  issue  the 
certificate  of  election  to  the  persons  receiving  the  greatest  numbr  of  votes  as 
shown  by  the  certified  returns; 

Provided,  that  in  case  of  a  tie  in  the  election  of  an  officer,  the  contest  shall 
be  settled  at  once  by  lot  by  the  board  of  election. 

Provided  that  at  the  annual  school  district  election  the  electors  shall  have 
authority  to  instruct  the  board  in  matters  pertaining  to  the  management  of 
the  schools  for  the  coming  year  They  shall  be  called  to  order  for  this  purpose 
at  three  o'clock  p.  m.  or  as  soon  thereafter  as  practicable.  The  chairman  of 
the  school  district  board  shall  act  as  chairman  of  the  meeting  and  the  clerk 
shall  keep  the  minutes  of  the  meeting  in  the  permanent  records  of  the  school 
district.  At  this  meeting  the  electors  may  instruct  the  board  and  it  shall  be 
their  duty  to  carry  into  execution  all  such  instructions,  pertaining  to  the 
branches  to  be  taught  in  addition  to  those  prescribed  in  section  138;  the  time 
at  which  the  schools  of  the  district  shall  be  held;  the  amount  of  tax  levy,  to 
direct  the  repair  of  the  school  houses,  fixtures  and  outbuildings;  and  for  the 
removal  of  the  school  house  to  a  more  convenient  location,  for  the  erection  of 
a  new  one,  or  the  sale  of  an  old  one,  and  the  lands  belonging  thereto;  and  upon 
any  other  subject  pertaining  to  the  schools.  At  this  meeting  it  shall  be  the 
duty  of  the.  clerk  and  treasurer  to  give  approximately  the  facts  that  will  be 
contained  in  their  respective  reports.  And  it  shall  be  the  duty  of  the  district 
board  to  carry  into  execution  all  such  instructions  upon  a  majority  vote  of  the 
electors  of  their  district; 

Provided  that  it  shall  be  the  duty  of  the  district  board  to  furnish,  equip 
and  supply  all  the  schools  in  the  district  according  to  the  several  necessities 
of  said  schools,  and  with  as  nearly  equal  school  advantages  as  possible. 

Provided,  further,  that  nothing  contained  herein  shall  pievent  the  district 
board  from  exercising  a  sound  discretion  as  to  all  matters  pertaining  to  the 
duties  of  their  office  not  specially  provided  for  by  law. 

§  82.  Qualification]  Such  officer  and  member  elected  under  the  provisions 
of  this  article  shall  qualify  on  or  before  the  second  Tuesday  in  July,  following 
his  election,  and  shall  hold  his  office  for  the  number  of  years  for  which  he 
is  elected  and  until  his  successor  is  elected  and  qualified. 

§  83.  If  any  person  appointed  or  elected  to  a  school  district  office 
shall  for  one  month  after  the  tirne  fixed  by  law  fail  to  qualify  or  give  bond  as 
provided  by  law,  or  whenever  any  school  district  shall  for  any  reason  fail  to 
elect  any  person  to  succeed  the  school  officer  whose  term  shall  have  expired. 


16  SOUTH   DAKOTA   SCHOOL   LAWS 

the  office  shall  be  deemed  vacant  and  the  county  superintendent  shall,  when 
notified  of  such  vacancy,  proceed  to  fill  the  same  by  appointment  and  such  ap- 
pointee shall  hold  the  office  until  the  next  general  school  election,  when  a  suc- 
cessor shall  be  elected  to  fill  the  imexpired  term  of  said  office. 

§  84.  Oath]  All  school  district  officers  before  entering  upon  the  duties 
of  their  respective  offices  shall  take  an  oath  to  support  the  constitution  of  the 
United  States  and  of  the  state  of  South  Dakota,  and  faithfully  and  impartially 
to  perform  the  duties  of  such  office. 

§  85.  Bond  Void]  The  school  treasurer  shall,  on  or  before  the  second 
Tuesday  in  July  following  his  election,  and  before  entering  upon  his  duties,  give 
a  bond  to  the  school  district,  conditioned  that  he  will  honestly  and  faithfully 
discharge  his  duties  as  treasurer;  that  he  will  render  a  true  account  of  all 
funds  and  property  that  shall  come  into  his  hands,  and  pay  and  deliver  the 
same  according  to  law;  said  bond  shall  become  void  when  said  treasurer  has 
completed  his  term  and  all  his  acts  shall  have  been  approved  by  the  school 
board  and  a  majority  of  the  electors  at  any  regular  or  regularly  called  special 
meeting. 

Provided,  that  a  bona  fide  deposit  of  school  funds  in  the  name  of  the  school 
district  in  any  bank  or  depository  selected  by  a  majority  of  the  school  electors 
of  any  school  district  shall  relieve  the  school  treasurer  from  the  liability  for 
loss  of  said  deposited  funds  while  on  deposit  therein.  Such  bond  shall  be  in 
such  penal  sum  as  may  be  fixed  by  clerk  and  chairman  of  the  board,  but  not 
less  than  double  the  sum,  as  nearly  as  can  be  ascertained  to  come  into  his 
hands  in  any  one  year,  shall  be  signed  by  two  or  more  sureties,  and  shall  be 
approved  by  the  clerk  and  chairman  of  the  board,  provided  that  in  all  cases 
where  the  bond  required  of  the  treasurer  shall  be  greater  than  one  thousand 
dollars  the  treasurer  elect  may  secure  a  surety  bond  subject  to  the  approval 
of  the  clerk  and  chairman  of  the  board,  the  same  as  of  other  bonds,  and  the 
cost  of  said  bond  shall  be  paid  by  the  district.  In  case  the  chairman  and  clerk 
refuse  or  neglect  to  approve  the  bond  of  the  district  treasurer  and  the  sureties 
thereto,  such  treasurer  may  present  the  same  to  the  county  superintendent  and 
serve  notice  thereof  upon  said  chairman  and  clerk;  and  upon  due  proof  of 
such  notice  being  made  to  the  county  superintendent,  he  shall,  unless  good 
cause  for  delay  appear,  proceed  to  hear  and  determine  the  sufficiency  of  the 
bond  and  sureties  thereto,  and  may  approve  the  same,  and  such  approval  shall 
be  in  all  respects  valid. 

Whenever  a  treasurer  of  a  school  district  by  election  or  appointment  be- 
comes his  own  successor  he  shall  give  new  bonds,  and  all  such  officers  shall 
qualify  anew  upon  entering  a  new  term. 

§  86.  Bond  of  Clerk]  The  clerk  of  the  school  board  shall,  on  or  before 
the  second  Tuesday  in  July  following  his  election,  and  before  entering  upon  his 
duties,  give  a  bond  to  the  school  district  conditioned  that  he  will  honestly  and 
faithfully  discharge  his  duties  as  clerk,  that  he  will  render  a  ti'ue  account  of 
all  property  that  shall  come  into  his  hands  as  such  clerk  and  deliver  the  same 
according  to  law.  Such  bonds  shall  be  in  the  penal  sum  of  one  hundred  dollars, 
shall  be  signed  by  two  or  more  sufficient  sureties,  and  shall  be  approved  by  the 
chairman  and  treasurer.  In  case  of  neglect  or  refusal  to  approve  such  bond, 
it  shall  be  approved  in  such  manner  as  provided  in  the  preceding  section  for 
the  approval  of  the  bond  of  the  treasurer. 

§  87.  No  officer  of  the  school  district  shall  perform  any  duties  of  the 
office  nor  receive  any  of  the  property,  money,  books  or  papers  belohging  tt>  the 
office,  nor  any  money  from  the  county  treasury  or  warrant  thereof,  until  he 
has  fully  qualified  as  required  by  law. 

§  88.  New  or  Additional  Bond]  The  county  superintendent  may  at  any 
time  require  a  new  or  additional  bond  for  the  district  officers  whenever  it  may 
be  deemed  necessary  by  him,  or  upon  the  failure,  death  or  removal  from  the 
county  of  any  one  of  the  sureties.  All  such  bonds  shall  be  filed  with  the  county 
auditor,  and  in  case  of  the  breach  of  any  conditions  thereof,  the  county  super- 


SOUTH  DAKOTA  SCHOOL  LAWS  17 

intendent  shall  cause  an  action  to  be  commenced  and  prosecuted  thereon  in  the 
corporate  name  of  the  school  district,  and  all  moneys  so  collected  shall  be  paid 
into  the  county  treasury  to  be  applied  to  the  use  of  the  schools  of  said  district. 
If  the  county  superintendent  either  fail  or  refuse  to  bring  such  action  upon 
the  breach  of  the  bond,  then  any  taxpayer  of  the  district  may  cause  such  action 
to  be  commenced,  and  the  necessary  expenses  of  such  action  shall  be  paid,  un- 
less otherwise  ordered  by  the  court,  out  of  the  county  treasury  from  the  funds 
apportioned  to  such  district. 

§  89.  Bond  and  Oaths  Filed]  All  official  bonds  of  school  district  officers 
shall  be  filed  with  the  county  auditor,  and  he  shall  give  the  county  superintend- 
ent immediate  notice  of  the  same.  The  oaths  and  reports  of  school  district 
officers  shall  be  filed  with  the  county  superintendent. 

§  90.  Temporary  School  Officers]  Whenever  a  school  district  shall  be 
formed,  the  county  superintendent  of  schools  shall  appoint  temporary  officers 
for  such  school  district,  who  shall  serve  until  the  first  annual  school  election 
following  and  until  their  successors  are  elected  and  qualified. 

§  91.  Vacancies]  Whenever  a  vacancy  may  occur,  from  any  cause,  in 
any  school  district  office  under  the  supervision  of  the  county  superintendent, 
he  shall  fill  such  vacancy  by  appointment,  and  such  officer  shall  hold  such 
office  until  the  next  election,  when  the  vacancy  shall  be  filled  by  a  vote  of  the 
people. 

Incapacity  of  Officer]  If  from  sickness  or  any  other  cause  such  officer 
shall  become  incapacitated  or  unable  to  attend  to  the  duties  of  his  office, 
the  fact  shall  be  certified  to  the  county  superintendent  by  the  clerk  of  the 
school  district.  If  the  clerk  fails  to  notify  the  county  superintendent  of  any 
vacancy  that  may  exist,  it  shall  be  the  duty  of  the  remaining  officer  or  officers 
to  do  so,  and  a  successor  shall  be  appointed  to  fill  such  vacancy,  and  such  ap- 
pointment shall  be  held  official  until  the  next  regular  election. 

§  92.  Meetings  of  Board]  District  boards  shall  hold  three  regular  meet- 
ings each  year  for  the  transaction  of  business,  to-wit:  On  the  second  Tuesday 
in  July,  the  last  Tuesday  in  November  and  March  at  such  place  and  hour  as 
may  be  fixed  by  the  school  board; 

Provided,  that  the  district  clerk  shall  when  requested  by  a  majority  of  the 
board,  call  a  special  meeting  at  any  time  by  giving  written  notice  to  each  mem- 
ber of  the  board. 

§  93.  Special  Meetings  of  Voters]  Provided,  that  in  any  school  district 
five  legal  voters  may  petition  the  clerk  to  call  a  special  meeting  of  the  voters 
at  any  time,  and  it  shall  be  the  duty  of  the  clerk  to  call  such  meeting  by  posting 
such  notices  at  least  ten  days  prior  to  the  time  of  the  meeting  in  three  of  the 
most  conspicuous  places  in  the  district.  Such  notices  shall  give  the  date,  hour, 
and  object  of  the  meeting. 

§  94.  Chairman — Duties  of]  The  chairman  shall  preside  at  all  meetings 
of  the  board.  In  his  absence  the  chairman  pro  tempore  shall  preside.  The 
chairman  shall  perform  such  other  duties  as  are  prescribed  by  this  article. 

§  95.  Clerk — Duties  of]  The  clerk  of  the  board  shall  keep  an  accurate 
record  of  all  proceedings  of  the  board,  give  or  post  all  notices,  make  out  all  re- 
ports and  statements,  shall  take  census  of  the  children  of  legal  school  age  in  his 
district  as  hereinafter  provided,  and  perform  all  other  duties  required  by  law 
or  by  order  of  the  board. 

§  96.  Clerk — Annual  Report]  The  clerk  of  each  district  shall,  on  or  before 
the  first  day  of  August  of  each  year,  make,  sign,  transmit,  or  deliver  to  the 
county  superintendent,  an  annual  report  in  writing  covering  the  preceding 
school  year  and  including  all  the  facts  and  statistics  of  the  school  district 
which  are  required  to  be  included  in  the  county  superintendent's  state  report 
and  in  the  same  order  therein  required,  except  any  item  therein  peculiar  to  the 
county  and  not  belonging  to  the  district.  He  shall  also  report  the  branches 
of  study  in  the  graded   and  ungraded  schools  separately,  the  names   and   ad- 


18  SOUTH  DAKOTA  SCHOOL  LAWS 

dresses  of  the  district  school  officers,  and  the  dates  when  their  terms  severally 
expire,  and  all  other  facts  and  statistics  which  the  county  superintendent  may 
require  for  his  report  to  the  superintendent  of  public  instruction. 

§  97.  Clerk — All  District  Meetings]  The  district  clerk  shall  be  clerk  of  all 
district  meetings,  but  if  such  clerk  shall  not  be  present,  or  being  present  shall 
refuse  to  act  at  such  district  meeting,  the  voters  present  may  appoint  a  clerk 
for  such  meeting,  who  shall  certify  the  proceedings  thereof,  and  the  same  shall 
be  recorded  by  the  clerk  of  the  district. 

§  98.  Clerk — Draw  and  Sign  Warrants]  The  clerk  shall  draw  and  sign 
all  warrants  for  the  payment  of  money  for  the  purpose  legally  ordered  by  the 
board  and  every  such  warrant  shall  be  countersigned  by  the  chairman  of  the 
board.  No  warrant  shall  be  drawn  by  the  clerk  except  upon  the  presentation  of 
a  bill  for  the  service  rendered,  duly  certified,  and  the  same  shall  be  retained 
by  him  as  a  voucher  and  placed  on  file  in  his  office. 

§  99.  School  Census]  It  shall  be  the  duty  of  the  clerk  of  the  school  dis- 
trict board  or  clerk  of  the  board  of  education  or  some  person  employed  by 
him  in  each  district  of  the  state  on  or  before  the  first  Monday  in  June  of  each 
year  to  take  the  census  of  all  children  under  twenty-one  and  over  six  years  of 
age,  residing  in  the  district. 

In  all  cases  where  the  clerk  employs  another  person  to  take  the  school 
census,  before  entering  upon  the  duty  of  taking  the  school  census  such  person 
shall  take  and  subscribe  an  oath  to  perform  faithfully  the  duties  of  census 
enumerator  of  such  school  district  to  the  best  of  his  ability  and  that  he  will 
by  a  house  to  house  visitation  or  by  conference  with  a  member  of  each  family 
enter  in  the  said  census  names  of  all  children  of  legal  school  age,  as  herein 
defined,  and  none  other,  and  said  oath  he  shall  file  with  the  county  superin- 
tendent of  schools. 

The  census  shall  show  the  age  of  the  child  on  May  first,  the  name  of  the 
parent  or  guardian  of  each,  and  shall  be  filed  with  the  county  superintendent 
on  or  before  the  said  first  Monday  in  June.  The  clerk  shall  also  place  one 
copy  of  said  census  in  the  register  of  each  school  in  the  district.  In  taking 
the  census  the  clerk,  either  by  a  house  to  house  visitation  or  by  conference 
with  a  member  of  each  family  shall  determine  positively  the  data  regarding 
all  children  entitled  to  be  enrolled  on  the  census  as  herein  defined.  If  any 
clerk  or  person  employed  by  him  shall  willfully  enter  and  return  in  said  census 
the  names  of  any  children  not  lawfully  entitled  to  enrollment  on  account  of 
either  age  or  residence  he  shall  be  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  shall  be  subject  to  a  fine  not  exceeding  one  hundred  dollars.  For 
the  labor  incurred  in  taking  the  census,  the  clerk  or  person  employed  by  him 
shall  be  entitled  to  receive  such  remuneration  as  shall  be  fixed  by  the  district 
board,  which  shall  be  paid  from  the  district  treasury.  No  clerk  or  person  em- 
ployed by  him  shall  receive  pay  for  the  service  of  taking  the  census  until  said 
report  shall  have  been  approved  by  the  county  superintendent  and  the  chair- 
man of  the  distrit  board  notified  by  the  county  superintendent.  Provided,  that 
said  remuneration  so  received  shall  not  be  counted  as  salary. 

§  100.  Census,  Compared  by  County  Superintendent]  It  shall  be  the  duty 
of  the  county  superintendent  of  schools  to  receive  such  census  from  each 
school  district  clerk  in  his  county,  and  to  inspect  carefully  the  same,  and  by 
comparison  with  the  previous  census  of  said  district,  and  other  means  verify 
its  accuracy  and  if  on  examination  and  comparison  he  finds  the  said  census 
to  be  inaccurate,  insufficient  or  including  names  not  properly  enrolled  in  the 
school  district,  it  shall  be  his  duty  to  cause  a  new  census  of  the  said  school 
district  to  be  made,  and  the  expense  thereof  shall  be  charged  to  and  paid  by 
the  said  district  so  making  the  insufficient,  false  or  fraudulent  return.  In  which 
case  the  first  census  enumerator  shall  be  entitled  to  no  remuneration. 

§  101.  Census  Sent  to  Commissioner  of  School  and  Public  Lands]  On  or 
before  the   first  day  of  July  in  each  year,  each   county  superintendent  shall 


SOUTH   DAKOTA   SCHOOL   LAWS       '  19 

report  under  oath  to  the  commissioner  of  school  and  public  lands  the  enumera- 
tion of  persons  of  school  age  in  each  school  district  in  his  county,  according 
to  the  census  of  school  districts  as  hereinbefore  provided.  Upon  receipt  of  such 
report  of  the  enumeration  of  children  residing  in  each  school  district  in  the 
state,  it  shall  be  the  duty  of  the  state  commissioner  of  school  and  public  lands 
to  inspect  carefully  each  report  so  received  and  by  comparison  or  otherwise, 
to  satisfy  himself  of  the  accuracy  thereof,  and  if  upon  such  inspection,  com- 
parison, or  by  other  means  he  shall  become  satisfied  that  the  census  of  any 
school  district  as  reported  is  insufficient,  false  or  fraudulent,  it  shall  be  his  duty 
to  provide  for  a  re-enumeration  of  the  said  school  district,  and  the  expense  of 
such  re-enumeration  shall  be  paid  by  the  school  district  so  re-enumerated.  And 
upon  the  census  of  all  of  the  school  children  secured  as  hereinbefore  provided, 
he  shall  apportion  the  school  funds  as  provided  by  law. 

§  102.  Treasurer — Duties  of]  The  school  treasurer  shall  keep  such  ac- 
counts and  make  such  reports  as  are  required  of  him  by  law.  He  shall  pay  no 
money  out  of  the  school  funds  in  his  hands  except  upon  the  warrant  of  the 
school  board,  signed  by  the  clerk  and  countersigned  by  the  chairman.  He  shall 
pay  all  warrants  properly  drawn  and  signed  when  presented  so  long  as  there 
is  any  money  in  his  hands  or  subject  to  his  order  for  their  payment,  and  shall 
draw  all  money  in  the  hands  of  the  county  treasurer  belonging  to  his  district, 
at  least  once  every  three  months  in  each  year. 

§  103.  Whenever  a  warrant  is  presented  to  the  treasurer  for  payment, 
and  there  is  no  money  in  his  hands  or  subject  to  his  order  for  the  payment  of 
such  warrant  he  shall  endorse  on  such  warrant,  "Presented  for  payment  this 

day  of 190. .  and  not  paid  for  want  of  funds,"  and  sign  such 

endorsement.  If  he  has  in  his  hands  or  subject  to  his  order  money  for  the  part 
payment  of  such  warrant,  he  shall  make  such  part  payment  and  endorse  the 
sum  on  the  warrant  and  add  "balance  not  paid  for  want  of  funds,"  signing  the 
same.  He  shall  keep  a  correct  register  of  all  warrants  so  presented  and  en- 
dorsed. Every  warrant  thus  presented  and  endorsed  shall  draw  interest  for 
the  amount  unpaid  at  seven  per  cent  per  annum  until  paid. 

Provided,  that  whenever  there  shall  come  into  the  hands  of  the  treasurer, 
or  subject  to  his  order,  money  applicable  to  the  payment  of  any  warrant  which 
has  been  so  presented  and  registered,  the  treasurer  shall  notify  in  writing  by 
mail  the  drawee  of  such  warrant,  at  his  last  known  place  of  residence,  to  pre- 
sent such  warrant  for  payment,  and  interest  shall  cease  upon  every  such  war- 
rant within  ten  days  after  such  notice  shall  have  been  sent  and  such  money 
shall  be  held  for  the  payment  of  such  warrant. 

§  104.  Manner  of  Drawing  Warrants]  Every  warrant  drawn  by  the  clerk 
of  the  district  board  on  the  district  treasurer  shall  specify  the  purpose  for 
which  the  money  is  paid,  the  fund  on  which  it  is  drawn,  and  the  person,  firm 
or  corporation  to  whom  paid; 

Provided,  that  no  warrant  shall  be  issued  except  for  indebtedness  incurred 
prior  to  its  issue. 

§  105.  Salary  of  School  Officers]  The  chairman  shall  receive  an  annual 
salary  of  five  dollars,  and  such  remuneration  for  attending  such  meeting  of  the 
school  officers  as  provided  for  in  section  42,  and  shall  receive  no  other  compen- 
sation for  his  services  as  a  district  officer. 

The  district  clerk  shall  receive  a  salary  of  five  dollars  per  annum  for  every 
school  or  department  thereof  in  the  district  and  in  like  manner  the  district 
treasurer  shall  receive  five  dollars  per  annum  for  every  school  or  department 
thereof  in  the  district. 

Provided,  that  in  computing  the  salary  of  such  offices  no  school  shall  be 
included  unless  the  same  shall  have  been  taught  at  least  three  months  the  pre- 
ceding school  year; 

Provided,  that  such  salary  shall  not  exceed  twenty-five  dollars  per  annum 
for  the  treasurer.  They  shall  each  receive  remuneration  additional  for  at- 
tending such  meetings  of  the  school  officers  as  provided  for  in  section  42. 


20  .       SOUTH   DAKOTA   SCHOOL  LAWS 

Provided,  further,  that  the  county  superintendent  shall,  upon  receipt  of 
the  annual  report  of  the  clerk  and  treasurer,  if  correct,  complete  and  received 
on  or  before  August  first  of  each  year,  notify  the  chairman  of  said  school  board 
that  such  reports  have  been  received.  Thereupon  the  chairman  of  the  school 
board  shall  sign  the  warrant  for  their  annual  salary  and  no  part  of  said  salary 
shall  be  paid  until  said  notice. 

§  lOG.  Prohibition  of  School  Officers]  No  school  officer  shall  be  em- 
ployed to  teach,  nor  to  draw  public  money  as  a  teacher  in  any  district  while 
holding  such  office,  except  by  permission  of  the  county  superintendent. 

ARTICLE  V 

§  107.  Powers  and  Duties  of  the  District  School  Board]  The  district 
school  board  shall  have  general  charge,  direction  and  management  of  the  school 
or  schools  of  the  district,  and  the  care,  custody  and  control  of  all  the  property 
belonging  to  it,  subject  to  the  provisions  of  this  article.  They  shall  organize, 
maintain  and  conveniently  locate  schools  for  the  education  of  all  children  of 
school  age  within  the  district.  If  a  petition  signed  by  the  persons  charged  with 
the  support  and  having  the  care  and  custody  of  seven  or  more  children  of 
school  age  all  of  whom  reside  not  less  than  three  miles  from  the  nearest  school, 
is  presented  to  the  board  asking  for  the  organization  of  a  school  for  such  chil- 
dren, the  board  shall  organize  such  school  and  employ  a  teacher  therefor,  if  a 
suitable  room  for  such  school  can  be  leased  or  rented  at  some  proper  location 
not  more  than  three  miles  distant  from  the  residence  of  any  one  of  such  chil- 
dren. 

§  108.  When  pupils  reside  more  than  two  and  one-half  miles  from  the 
nearest  school  house  in  the  school  district  and  not  to  exceed  three  miles, 
then  the  parent,  guardian  or  pupil  shall  receive  from  his  school  district  ten 
cents  per  day  for  each  pupil,  if  more  than  three  miles  and  not  to  exceed  four 
miles  twenty  cents  per  day.  If  more  than  four  miles  and  not  to  exceed  five 
miles  thirty  cents  per  day.  If  more  than  five  miles  forty  cents  per  day.  Pro- 
vided, however,  that  in  cases  where  more  than  one  pupil  from  any  family  re- 
ceives compensation  under  the  provisions  of  this  section,  the  total  amount 
allowed  for  any  one  family  shall  not  exceed  twenty  (20c)  cents  for  traveling 
three  miles  or  under,  and  not  to  exceed  forty  (40c)  cents  for  traveling  be- 
tween three  and  four  miles,  and  not  to  exceed  sixty  (60c)  cents  for  traveling 
between  four  and  five  miles,  and  not  to  exceed  eighty  (80c)  cents  for  traveling 
five  miles  or  more.  Provided,  that  such  financial  provision  shall  be  only  for 
actual  attendance  at  public  school  and  conditioned  that  the  district  in  no  way 
furnish  means  of  conveyance.  Provided,  that  when  any  pupil  shall  have 
passed  the  eighth  grade,  such  pupil,  his  parents  or  guardian  shall  not  receive 
payment  for  transportation  to  or  from  school.  Provided,  that  when  pupils 
reside  nearer  some  school  in  another  school  township  or  district  then  the 
school  board  or  board  of  education  can  make  arrangements  for  the  schooling 
of  such  pupils  at  such  other  school  by  paying  tuition  and  such  transportation 
as  previously  provided  for  in  this  section.  Provided,  further,  in  determining 
the  distance  to  be  traveled  to  get  to  any  school  the  most  direct  route  to  be 
established  by  the  school  district  board,  subject  to  an  appeal  as  provided  in 
sections  114,  115  and  116  of  Chapter  135,  Session  Laws  of  1907,  shall  be  the 
basis  of  the  computation.  Provided,  further,  that  no  township  or  district  shall 
expend  more  than  eight  hundred  dollars  for  transportation  in  any  one  year. 
Provided,  further,  that  no  payments  shall  be  made  until  the  close  of  the  school 
year,  and  if  bills  allowed  are  in  excess  of  eight  hundred  dollars  ($800.00)  said 
sum  of  eight  hundred  dollars  shall  be  divided  pro  rata. 

§  109.  The  district  school  board  shall  make  all  necessary  repairs  to  the 
school  houses,  outl)uildings  and  appurtenances,  and  shall  furnish  fuel  and  all 
necessary  supplies  for  the  schools. 

Water  Closets]      They  shall  give  special   attention  to  the   matter  of   con- 


SOUTH   DAKOTA   SCHOOL   LAWS  21 

venient  water  closets  or  privies,  and  provide  on  every  school  house  site,  not 
within  an  independent  city  or  town  district,  two  separate  buildings  located  at 
the  farthest  point  from  the  main  entrance  to  the  school  house,  and  as  far  from 
each  other  as  may  be,  and  keep  them  in  wholesome  condition  and  good  repair. 
In  independent  city  or  town  districts  where  it  is  inconvenient  or  undesirable 
to  erect  two  separate  outhouses,  several  closets  may  be  included  under  one 
roof,  and  if  outside  the  school  house  each  shall  be  separated  from  the  other 
by  a  brick  wall,  double  partition,  or  other  solid  or  continuous  barrier,  extend- 
ing from  the  roof  to  the  bottom  of  the  vault  below,  and  the  approaches  to  the 
outside  doors  for  the  two  sexes  shall  be  separated  by  a  substantial  close  fence 
not  less  than  seven  feet  high  and  thirty  feet  in  length. 

§  110.  The  district  school  board  shall  employ  the  teachers  for  the  schools 
of  the  district,  and  may  dismiss  any  teacher  at  any  time  for  plain  violation  of 
contract,  gross  immorality,  or  flagrant  neglect  of  duty; 

Provided,  that  every  contract  for  the  employment  of  a  teacher  shall  be 
in  writing  and  authorized  by  a  majority  of  the  members  of  the  district  school 
board,  and  provided  further,  that  in  any  school  district  consisting  of  one  or 
more  townships,  in  any  school  except  in  a  city,  town  or  village  of  more  than 
fifty  inhabitants,  if  a  petition  be  presented  to  the  clerk  of  said  district  or 
school  board  on  or  before  the  regular  school  meeting  in  July,  signed  by  three- 
fourths  of  the  parents  or  guardians  of  persons  of  school  age  belonging  to  any' 
school  in  said  district,  such  petition  asking  that  a  certain  teacher  be  employed 
for  the  following  school  year,  provided  said  teacher  at  the  time  of  said  meet- 
ing is  the  holder  of  a  valid  second  or  third  grade  certificate  or  certificate  of 
higher  grade,  it  shall  be  the  duty  of  the  school  board  so  petitioned  to  employ 
said  teacher  provided  said  teacher  is  willing  to  teach  said  school  at  the 
wages  paid  other  teachers  in  said  district  of  like  qualifications  and  holding  like 
certificates. 

If  any  member  of  the  school  board  mentioned  in  this  section  shall  re- 
fuse or  fail  to  employ  teacher  as  provided  in  this  section,  he  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  be  fined  in 
any  sum  not  less  than  twenty  nor  more  than  fifty  dollars. 

§  111.  Officers'  Meetings]  The  district  school  officers  shall  attend  meet- 
ings of  school  officers  as  provided  for  in  section  42. 

§  112.  Pupils  from  Other  Districts]  The  district  school  board  shall  admit 
to  the  schools  of  the  district  pupils  from  other  districts,  when  it  can  be  done 
without  injuring  or  overcrowding  such  schools,  and  make  regulations  for  their 
admission  and  the  payment  of  their  tuition  therein. 

It  shall  be  the  duty  of  the  board  at  the  annual  July  meeting,  each  year, 
to  make  the  assignment  and  distribution  of  pupils  to  and  among  the  schools 
in  the  district,  and  in  such  assignment  and  distribution  the  board  shall  take 
into  consideration  the  wishes  of  the  patrons  and  the  best  interests  of  the  pupils 
and  district. 

§  113.  May  Discontinue  School]  Any  school  in  the  district  may  be  dis- 
continued by  the  district  school  board,  for  the  purpose  of  combining  two  or 
more  schools  into  one  and  to  make  arrangements  for  the  transportation  of  the 
pupils  to  said  school  or  schools  if,  in  the  judgment  of  the  board,  it  is  to  the 
best  interest  of  the  pupils  and  the  district. 

§  114.  Appeal  Against  Closing  School]  The  patrons  of  any  school  may 
appeal  to  the  county  superintendent  and  remonstrate  against  any  discontinu- 
ance of  such  school,  which  shall  be  signed  by  at  least  one-third  of  the  patrons 
belonging  to  said  school.  Such  petition  shall  set  forth  the  reasons  for  the  con- 
tinuance of  said  school,  whereupon  the  county  superintendent  shall  order  a 
hearing  thereon,  giving  out  notice  of  the  time  and  place  of  such  hearing,  to  the 
patrons  of  the  school  and  district  board;  and  if,  after  such  hearing,  he  shall 
deem  it  to  the  best  interests  of  said  school  and  district  he  may  order  the  con- 
tinuance of  said  school,  which  order  shall  be  heeded  by  the  district  school 
board. 


22  SOUTH  DAKOTA  SCHOOL  LAWS 

§  115.  Appeal^General]  Any  party  dissatisfied  with  a  decision  of  the 
district  school  board  or  board  of  education,  relative  to  school  matters,  may  ap- 
peal therefrom  to  the  circuit  court  of  the  county  at  any  time  within  thirty  days 
after  the  rendering  of  such  decision.  Said  appeal  is  taken  by  serving  a  notice 
of  appeal  upon  the  district  school  board  or  board  of  education,  or  any  member 
thereof,  and  by  filing  such  appeal  and  a  bond  for  costs  with  the  clerk  of  the 
school  district  or  board  of  education.  Said  notice  of  appeal  must  state  the 
decision  appealed  from,  in  a  clear  and  concise  manner.  Said  bond  for  costs 
shall  be  in  the  sum  of  one  hundred  dollars,  with  two  or  more  sureties  ap- 
proved by  the  clerk  of  said  circuit  court,  conditioned  that  appellant  will  pay 
all  costs  therein  that  may  be  adjudged  against  him.  When  said  notice  of 
appeal  and  bond  for  costs  is  filed  with  the  clerk  of  the  school  district  or 
board  of  education  as  above,  said  school  clerk  shall,  within  five  days  thereafter 
transmit  to  the  clerk  of  the  circuit  court  a  certified  copy  of  his  record  of  the 
decision  appealed  from,  and  all  original  papers  filed  in  his  office  in  said  matter, 
including  the  notice  of  appeal  and  bond  for  cost  therein;  and  said  clerk  may 
be  compelled  by  said  circuit  court  by  an  order  entered  upon  motion  to  transmit 
such  certified  copies  or  original  papers  and  may  be  fined  for  neglect  or  refusal 
to  transmit  the  same.  For  such  transcript  and  return  the  said  clerk  shall 
receive  the  usual  copying  fees  and  mileage  one  way,  same  to  be  taxed  as  part 
ol  the  cost  of  suit.  And  the  clerk  of  the  court  shall  receive  and  file  said  papers, 
and  docket  the  same,  in  the  same  manner,  and  shall  receive  the  same  fees 
therefor  as  in  appeals  from  justices'  courts  to  circuit  courts; 

Provided,  his  costs  need  not  be  paid  beforehand.  When  any  matter  is  so 
appealed  and  filed  with  the  clerk  of  the  circuit  court  it  shall  be  docketed  in 
the  name  of  the  dissatisfied  party  as  appellant  against  the  school  district,  by 
its  proper  name,  as  appellee,  and  it  shall  be  tried  anew  in  the  circuit  court 
according  to  the  regular  procedure  provided  by  law  therein  and  shall  in  all 
respects  be  treated  as  a  regular  case  or  action  in  said  circuit  court,  save  as 
hereinafter  for  expressly  provided.  No  notice  of  trial  or  note  of  issue  need 
be  served  to  have  such  matter  placed  upon  the  trial  calendar,  and  same  shall 
come  on  for  trial  in  its  regular  order,  except  as  provided  below  herein;  and 
the  same  proceedings  shall  be  had  and  all  judgments  or  orders  therein  shall 
be  valid  and  mandatory,  as  by  law  provided  in  any  other  regular  case  or  action 
or  proceeding  in  said  circuit  court; 

Provided,  that  above  parties  may  agree  upon  the  statement  of  facts  in 
any  actual  case  or  matter  tried  anew  thereon  before  the  court  in  chambers  or 
in  open  court,  after  proper  appeal  and  consent  of  parties.  In  all  of  the  above 
the  circuit  court  shall  render  judgment  therein  and  may  render  final  judgment 
or  make  such  order  and  direction  therein  as  the  circumstances  of  the  case  may 
require  and  as  the  very  right  of  the  case  may  appear  and  enforce  the  same 
upon  execution  or  by  mandamus  or  attachment  as  for  contempt. 

§  116.  Appeal  to  Supreme  Court]  Appeals  relative  to  school  matters 
may  be  taken  from  the  circuit  court  to  the  supreme  court  of  the  state  and 
the  same  proceeding  shall  be  had,  and  all  judgments  and  orders  therein  shall 
be  valid  and  mandatory  as  by  law  provided  in  any  other  case  or  action  or  ap- 
peal or  proceeding  in  said  supreme  court. 

§  117.  Assist  Teacher]  The  district  school  board  shall  assist  and  co- 
operate with  the  teacher  in  the  government  and  discipline  of  the  schools,  and 
may  make  proper  rules  and  regulations  therefor.  They  may  suspend  or  expel 
from  school  any  pupil  insubordinate  or  habitually  disobedient. 

Provided,  that  such  suspension  shall  not  be  for  a  shorter  period  than  ten 
days  nor  beyond  the  end  of  the  current  term  of  school. 

§  118.  Tax  Levy]  The  district  school  board  shall  have  power  to  levy 
upon  the  property  of  the  district  a  tax  for  school  purposes  of  not  exceeding 
twenty  mills  on  the  dollar  in  a  year,  which  levy  shall  be  made  by  resolution 
of  the  board  at  their  regular  July  meeting  in  specific  amounts. 


SOUTH  DAKOTA  SCHOOL  LAWS  23 

The  clerk  shall  immediately  thereafter  notify  in  writing  the  county  auditor 
of  the  total  amount  of  tax  so  levied. 

§  119.  Removal  of  School  House]  The  school  board  shall  have  powder  to 
direct  the  removal  of  a  school  house  to  a  more  convenient  location,  upon  a 
vote  of  the  majority  of  the  electors  of  the  entire  district; 

Provided,  that  in  districts  in  which  there  shall  be  but  one  school  house  a 
two-thirds  majority  vote  shall  be  necessary  to  remove  such  school  house  from 
the  center  of  the  district  to  any  other  point  in  the  district,  except  such  removal 
shall  be  to  the  center  of  the  district,  In  which  case  a  majority  vote  shall  be 
sufficient  for  such  removal. 

Provided  further,  that  any  point  within  one  hundred  and  sixty  rods  of  the 
geographical  center  of  the  district  shall  be  deemed  the  center  for  the  pur- 
poses of  this  section. 

§  120.  Annual  Meeting  of  Board]  At  the  annual  meeting  of  the  school 
district  board  in  July  of  each  year,  it  shall  be  the  duty  of  the  clerk  and  the 
treasurer  to  read  their  respective  annual  reports  and  the  board  shall  verify 
them  as  provided  in  section  126  of  this  act. 

The  board  shall  levy  such  tax  as  the  patrons  shall  have  directed  at  the 
annual  election,  but  it  shall  not  exceed  for  all  purposes  two  per  cent  of  the 
taxable  property  of  the  district. 

If  any  school  district  fails  to  hold  in  any  school  year  at  least  six  months 
of  school  in  any  school  house  in  said  district  providing  no  legal  discontinuance 
be  had,  it  shall  be  the  duty  of  the  county  superintendent  to  notify  the  county 
treasurer  of  the  amount  of  money  due  said  district  from  the  apportionment 
fund  for  the  semi-annual  term  ending  June  30,  of  the  preceding  year,  which 
amount  shall  remain  to  the  credit  of  such  district  and  no  warrant  be  drawn 
therefor  until  said  district  shall  have  complied  with  the  law,  unless  said  dis- 
trict board  made  provisions  for  the  instruction  of  the  pupils  for  the  required 
time  in  some  other  school.  In  case  of  failure  in  any  district  to  levy  tax  suffi- 
cient to  support  a  school  for  the  number  of  months  above  named,  the  board 
of  county  commissioners  shall  levy  a  tax  on  the  property  of  the  district  that 
shall  be  sufficient  for  the  purpose. 

§  121.  Purchase  and  Sale  of  School  Property]  The  district  school  board 
shall  purchase  or  lease  such  site  for  a  school  house  as  shall  have  been  desig- 
nated by  the  voters  at  a  district  meeting  in  the  corporate  name  thereof,  and 
shall  move  any  school  house  in  the  district  to  any  site  designated  by  the  voters 
at  any  regular  or  special  district  meeting,  and  shall  build,  hire  or  purchase 
such  school  house  as  the  voters  of  the  district  in  a  district  meeting  shall  have 
agreed  upon,  out  of  the  funds  provided  for  that  purpose,  and  make  sale  of 
any  school  house  or  property  of  the  district,  and,  if  necessary  execute  a  con- 
veyance of  the  same  in  the  name  of  the  district  when  lawfully  directed  by 
the  voters  of  such  district  at  any  regular  or  special  meeting,  and  shall  carry 
Into  effect  all  lawful  orders  of  the  district. 

Nat.  Bank  vs.  School  District,  6  Dakota  255. 

§  122.  Acquiring  School  Site]  It  shall  be  lawful  for  any  board  or  district 
officers  to  take  and  hold  any  land  not  exceeding  two  acres,  situated  upon  a  sec- 
tion'line  or  upon  a  regularly  laid  out  highway,  legally  chosen  as  a  school  house 
site  by  a  lawful  district  meeting.  If  the  owner  of  such  land  refuses  or  neglects 
to  grant  such  site  to  the  district  or  cannot  be  found  the  superintendent  of  that 
county  shall  upon  application  proceed  according  to  law  to  condemn  and  ac- 
quire title  to  the  same  in  the  name  of  said  district; 

Provided,  that  whenever  a  school  house  site  shall  have  been  selected  by 
the  properly  constituted  authority  of  school  districts  on  common  school  or  en- 
dowment lands  of  this  state,  not  exceeding  two  acres  in  a  square  form  and 
located  on  a  section  line  or  on  a  regularly  established  highway  and  at  one 
corner  of  a  legal  subdivision  and  not  within  forty  rods  of  any  residence,  with- 
out the  consent  of  the  owner  thereof,  and  a  plat  of  the  land  so  selected  shall 
have  been  filed  in  the  office  of  the  commissioner  of  school  and  public  lands, 


24  SOUTH  DAKOTA  SCHOOL  LAWS 

the  board  of  school  and  public  lands  is  hereby  authorized  to  direct  an  appraise- 
ment of  such  site  by  the  state  board  of  appraisers  and  the  same  shall  be 
appraised  in  the  manner  provided  by  law  for  the  appraisement  of  school  and 
public  lands.  Such  appraisement  shall  not  be  less  than  the  minimum  price 
fixed  by  the  constitution  for  school  and  public  lands. 

§  123.  Upon  the  payment  of  the  full  amount  of  the  appraised  price  of 
such  site  a  conveyance  shall  be  executed  by  the  govei-nor,  attested  by  the 
commissioner  of  school  and  public  lands  with  his  seal  of  office  affixed;  con- 
ditioned that  should  the  same  cease  to  be  used  for  two  successive  years,  for 
the  purpose  of  maintaining  a  public  school  thereon,  that  the  title  shall  revert 
to  the  owner  of  the  legal  subdivision  of  which  said  site  forms  a  part. 

§  124.  Assessor  Shall  Furnish  List  of  Property  to  Clerk]  Every  town- 
ship or  county  assessor  shall  on  or  before  the  first  day.  of  July  in  each  year 
furnish  to  the  clerk  of  each  school  corporation,  the  real  property  of  which  he 
assesses,  a  certificate  of  the  valuation  of  all  real  property  and  of  all  personal 
property  and  of  the  total  of  these  subject  to  taxation  within  the  corporation 
for  the  current  year. 

§  125.  Commissioners  Levy  Tax  for  General  Fund]  The  county  commis- 
sioners of  each  county  shall  levy  a  tax  of  one  dollar  on  each  elector  in  the 
county  for  the  support  of  the  common  schools,  and  no  property  shall  be  ex- 
empt from  the  collection  of  such  tax  by  distress  or  otherwise,  which  taxes, 
when  so  collected,  shall  be  distributed  to  the  several  school  corporations  in 
the  county  in  proportion  to  the  number  of  children  resident  in  the  territory 
of  each  over  six  and  under  twenty-one  years  of  age. 

§  126.  Treasurer's  Settlement  with  Board]  At  the  annual  meeting  of  the 
school  board  on  the  second  Tuesday  of  July  in  each  year,  the  incoming  district 
board  shall  make  settlement  with  the  district  treasurer,  who  shall  at  that  meet- 
ing make  his  annual  report  in  triplicate,  one  copy  to  be  preserved  in  the  treas- 
urer's oflRce;  and  upon  approval  of  the  same  by  the  district  board,  one  ap- 
proved copy  to  be  filed  with  the  district  clerk,  and  one  approved  copy  to  be 
transmitted  by  said  clerk  to  the  county  superintendent  on  or  before  the  first 
day  of  August  of  each  year.  On  making  said  settlement  it  shall  be  the  duty 
of  the  district  board  to  compare  the  certified  bills  allowed  by  the  board  with 
the  orders  issued,  also  to  compare  the  orders  paid  by  the  district  treasurer 
the  preceding  year  with  the  clerk's  record  of  orders  issued;  and  also  compare 
the  record  of  the  money  received  and  orders  paid  by  said  treasurer  with  his 
annual  report,  and  if  found  correct  the  report  shall  be  approved,  the  orders 
cancelled  and  filed  with  the  district  clerk.  The  board  shall  cause  to  be  posted 
in  three  public  places,  or  published  in  a  newspaper  of  general  circulation  in 
the  county,  an  itemized  statement  of  the  receipts  and  expenditures  for  the 
preceding  school  year. 

§  127.  False  Report — Penalty]  Any  clerk  or  treasurer  of  a  school  dis- 
trict who  shall  willfully  sign  or  transmit  a  false  report  to  the  county  super- 
intendent, or  willfully  sign,  issue  or  publish  a  false  statement  of  facts  pur- 
porting or  appearing  to  be  based  upon  books,  accounts  or  records,  or  of  the 
affairs,  resources  and  credit  of  the  school  district,  shall  upon  conviction  be 
punished  by  a  fine  of  not  exceeding  fifty  dollars  or  by  imprisonment  in  the 
county  jail  not  exceeding  fifteen  days.  Any  clerk  or  treasurer  of  a  school  dis- 
trict who  shall  willfully  mutilate  or  destroy  any  of  the  books,  accounts  or 
records  of  hjs  office,  or  who  shall  refuse  to  deliver  to  his  successor  in  office 
all  the  books,  accounts,  records  of  his  office  upon  demand  of  his  successor  for 
the  same,  shall  be  deemed  guilty  of  a  misdemeanor,  and  it  shall  be  the  duty  of 
said  successor  to  begin  action  immediately  upon  the  official  bond  of  such  officer 
for  the  recovery  of  such  money  or  other  property. 

§  128.  Failure  to  Pteport]  Any  school  district  ofl^cer  who  is  required  by 
law  to  make  a  report  to  any  other  county  or  school  district  officer,  and  who 
shall  willfully  neglect  to  make  such  report  or  fail  to  perform  such  official  duties, 


SOUTH   DAKOTA   SCHOOL   LAWS  25 


shall  forfeit  and  pay  to  the  school  funds  of  said  county  or  district  a  penalty  of 
not  less  than  ten  dollars  nor  more  than  fifty  dollars,  to  be  recovered  from  such 
delinquent  officer,  or  from  him  and  his  sureties  in  the  official  bond,  in  a  civil 
action  to  be  brought  by  the  state's  attorney  in  any  court  of  record  having 
jurisdiction. 

§  129.  Notice  of  Tax  Levy  to  County  Auditor]  It  shall  be  the  duty  of  the 
district  clerk,  on  or  before  the  20th  day  of  July  in  each  year,  to  notify  the 
county  auditor  of  the  amount  of  tax  voted  at  the  last  annual  meeting  or  levied 
by  the  district  school  board,  and  of  any  and  all  other  tax  of  which  notice  has 
not  previously  been  given.  The  notice  shall  be  substantially  in  the  following 
form: 

District  Clerk's  Office, 

School  No 

County,  South  Dakota 

19 

To  the  County  Auditor  of County,  S.  D. 

Sir:     You  are  hereby  notified  that  at  a meeting  of 

District  No held  on  the day  of the  following 

tax  was  voted  for  the  coming  school  year: 

For  tuition  fund dollars 

For  general  fund dollars 

For  interest  and  sinking  fund dollars 


Total dollars 

(Signed) 

District  Clerk. 

The  rate  per  centum  of  all  school  taxes  shall  be  calculated  and  fixed  by 
the  county  auditor,  who  shall  consolidate  the  amounts  and  extend  the  school 
tax  in  one  column. 

§  130.  Accounts^ — How  Kept]  All  moneys  apportioned  by  the  county  su- 
perintendent to  the  district  or  received  from  the  district  tax  for  tuition  pur- 
poses shall  constitute  the  tuition  fund.  All  moneys  received  from  other  sources 
shall  constitute  the  general  fund.  The  treasurer  shall  keep  one  general  account 
wherein  he  shall  set  down  on  the  debt  side  all  the  money  he  shall  receive  as 
treasurer  from  all  sources  whatever,  each  item  of  entry  showing  plainly  the 
source  of  the  particular  payment  to  him  with  the  date  thereof;  and  he  shall 
set  down  on  the  credit  side  all  the  money  he  shall  pay  out  for  all  purposes 
whatever,  every  item  thereof  showing  to  whom  and  for  what  purpose  each 
payment  was  made,  with  the  date  thereof.  The  debit  side  shall  always  be 
balanced  by  the  total  of  the  credit  side,  with  the  funds  on  hand  added  thereto. 
At  the  beginning  of  every  school  year  he  shall  open  such  account  anew  for 
that  year,  and  the  first  item  shall  be  an  entry  on  the  debit  side  of  the  balance 
on  hand,  if  any,  for  the  preceding  year.  He  shall  also  keep  a  separate  set  of 
accounts  of  different  classes  of  receipts  and  expenditures,  showing  severally 
the  following: 

Receipts 

Amount  received  into  the  tuition  fund  from  all  sources 

Amount  received  into  the  general  fund  from  all  sources 

Amount  received  into  the  interest  and  sinking  fund  from  all  sources 

Expenditures 

Amount  paid  for  tuition 

Amount  paid  for  school  houses,  sites  and  furniture 

Amount  paid  for  incidental  expenses 

Amount  paid  as  interest  on  bonds 

Amount  paid  upon  debts  and  liabilities  not  included  in  other  items 

The  several  accounts  shall  be  separately  kept  and  not  required  to  balance. 
The  accounts  for  different  classes  of  receipts  shall  be  kept  separately  from  the 


26  SOUTH  DAKOTA  SCHOOL  LAWS 

accounts  of  the  different  classes  of  expenditures;  but  every  entry  in  each  shall 
fully  and  clearly  designate  its  source  or  purpose  with  the  dates. 

Section  131.  Reports  Subject  to  Approval  of  County  Superintendent]  All 
reports  and  records  of  district  officers  and  proceedings,  of  district  meetings 
shall  he  subject  to  the  approval  of  the  county  superintendent,  and  if  any 
money  belonging  to  any  district  shall  be  expended  for  supporting  a  school  in 
which  the  English  language  shall  not  be  taught  exclusively,  or  if  any  such 
money  be  otherwise  unlawfully  expended,  the  county  superintendent  or  any 
taxpayer  of  the  district  may  in  a  civil  action  in  the  name  of  the  district  re- 
cover said  money  from  the  officer  so  expending  it. 

§  132.  Books  and  Reports  Open  to  Inspection]  All  reports  and  all  books, 
records,  vouchers,  contracts  and  papers  of  all  kinds  relating  to  the  school 
houses,  schools  and  school  business  of  the  district,  in  the  office  of  the  clerk 
or  treasurer,  shall  be  at  all  times  open  to  the  inspection  of  the  chairman,  who 
shall  advise  and  aid  toward  securing  correct  records  and  accounts  and  legal 
reports,  and  they  shall  likewise  be  open  to  the  inspection  of  the  state  and 
county  superintendents,  and  any  particular  paper  or  record  shall  be  exhibited 
at  reasonable  hours  to  the  examination  of  any  voter  or  taxpayer. 

§  133.  Majority  of  Board  Have  Authority]  Words  giving  a  joint  authority 
to  three  or  more  public  officers  or  other  persons  are  construed  as  giving  such 
authority  to  a  majority  of  them  unless  it  he  otherwise  expressed  in  the  section 
or  law  giving  the  authority,  and  when  a  decision  or  direction  is  made  by  the 
majority  of  such  officers  or  persons,  it  is  the  duty  of  the  one  to  whom  its  exe- 
cution belongs  by  law,  to  execute  the  same  in  all  respects  as  if  he  had  favored 
the  particular  decision  or  direction,  as  if  it  were  authorized  unanimously. 

§  134.  Cultivation  and  Protection  of  Trees  and  Shrubs  Upon  the  School 
House  Grounds]  It  is  hereby  made  the  duty  of  the  officers  of  every  school 
district  in  the  state  of  South  Dakota  to  plant  trees  and  shrubs  upon  the 
grounds  of  each  school  house  in  their  district  and  to  encourage  the  school 
children  to  plant  such  trees  and  shrubs  and  td  cultivate    and  protect  the  same. 

Where  stock  is  permitted  to  run  at  large,  it  is  hereby  made  the  duty  of 
the  school  officers  in  every  district  in  South  Dakota  to  cause  to  be  erected 
about  the  grounds  of  every  school  house  in  each  district  a  substantial  fence 
sufficient  to  protect  the  trees  upon  the  school  house  grounds  from  destruction 
by  live  stock,  and  such  fence  shall  be  provided  with  convenient  gates  or  stiles. " 

ARTICLE  VI 
Teachers  and  Schools 

§  135.  School  Year,  Month  and  Day  Defined]  The  school  year  shall  be- 
gin July  1st  and  end  June  thirtieth.  A  school  month  shall  consist  of  twenty 
days,  a  school  week  of  five  days,  a  school  day  of  five  and  one-half  hours,  ex- 
clusive of  intermission. 

Provided,  that  the  time  specified  as  a  school  day  shall  not  apply  to  primary 
schools.    Saturdays  shall  not  be  counted  as  school  days. 

§  136.  Employment  of  Teachers]  Teachers  shall  be  employed  only  upon 
the  exhibition  of  the  teachers'  certificate  valid  in  the  county  where  employed, 
and  then  only  upon  a  written  contract  signed  by  the  teacher  and  at  least  two 
members  of  the  district  school  board,  which  shall  specify  the  date  at  or  about 
which  the  school  shall  begin,  the  length  of  time  it  shall  continue,  the  wages 
per  month  and  Khe  time  of  payment  thereof,  and  said  contract  shall  be  signed 
in  duplicate,  and  one  copy  filed  in  the  office  of  the  clerk  and  the  other  retained 
by  the  teacher.  The  following  conditions  shall  be  understood  as  forming  a 
part  of  every  contract,  whether  expressed  therein  or  not: 

(1)  The  teacher  shall  not  hold  school  upon  any  of  the  following  legal 
holidays:  The  thirtieth  day  of  May,  the  fourth  day  of  July,  the  day  appointed 
by  the  president  of  the  United  States  for  national  thanksgiving,  and  the  twenty- 


SOUTH  DAKOTA  SCHOOL  LAWS  27 

fifth  day  of  December.     But  such  days  shall  count  as  part  of  the  term  and  the 
teacher  shall  be  paid  |;herefor,  but  such  pay  shall  not  be  drawn  for  any  Sunday. 

(2)  School  shall  be  adjourned  during  the  session  of  the  county  normal  in- 
stitute, when  the  teachers  have  been  notified  by  the  county  superintendent. 

(3)  Teachers  shall  receive  into  their  schools  pupils  transferred  thereto  by 
the  order  of  the  district  board,  or  admitted  by  its  authority. 

(4)  Teachers  shall  send  the  notices,  keep  proper  entries  in  the  register 
which  shall  show  the  grade  in  which  each  pupil  belongs,  the  pupil's  standing 
as  shown  by  the  examination,  and  such  other  information  as  will  assist  the 
succeeding  teacher  in  the  conduct  and  management  of  the  school,  and  make 
the  report  required  by  law;  and  the  county  superintendent  shall  promptly  fur- 
nish without  cost  to  the  teacher  the  blank  forms  for  such  reports;  and  the 
district  board  shall  furnish  for  use  the  proper  register  prepared  so  that  the 
required  facts  and  statistics  can  be  kept  in  an  orderly  manner. 

(5)  Teachers  shall  classify  the  work  of  their  schools  in  accordance  with 
the  suggestions,  grades  and  outlines  as  prescribed  in  the  course  of  study  rec- 
ommended by  a  majority  of  the  county  superintendents  of  the  state  and  the 
superintendent  of  public  instruction,  and  shall  hold  examinations,  and  make 
reports  as  prescribed  therein. 

(6)  The  county  superintendent  shall  divide  his  county  into  districts  as  may 
be  convenient  for  the  purpose  of  holding  district  teachers'  institutes  during 
the  school  year  on  Saturdays,  and  all  teachers  employed  in  the  schools  of  each 
institute  district  shall  be  required  to  attend  the  meetings  in  such  district,  but 
not  less  than  two  nor  more  than  four  such  meetings  shall  be  held  in  each  dis- 
trict during  any  school  year  nor  shall  such  meetings  be  held  oftener  than 
once  in  two  months.  The  county  superintendent  shall  organize  the  teachers 
of  each  institute  district  at  or  near  the  beginning  of  the  school  year  by  ap- 
pointing a  manager  and  a  secretary  from  among  the  teachers  of  the  district, 
who  shall,  in  conjunction  with  the  county  superintendent,  prepare  the  pro- 
grams for  the  several  meetings  to  be  held,  and  it  shall  be  the  county  super- 
intendent's duty  to  give  all  the  teachers  of  the  district  at  least  two  weeks' 
notice  of  such  meeting.  Each  meeting  shall  consist  of  one  session  of  approxi- 
mately three  hours.  The  program  shall  be  so  arranged  that  all  teachers  of  the 
district  shall  be  given  an  active  part  as  often  as  practicable.  The  w'ork  as  out- 
lined by  the  state  teachers'  reading  circle  board  shall  constitute  one-third  of 
the  work,  and  the  balance  of  the  program  shall  also  be  for  the  general  im- 
provement of  the  teachers. 

The  manager  and  the  county  superintendent  shall  keep  complete  records  of 
the  work  at  such  meetings  which  shall  show  the  absence,  tardiness  and  attend- 
ance of  all  teachers  and  the  manner  in  which  each  one  performed  the  duty  or 
duties  assigned.  Within  five  days  after  the  holding  of  such  district  institute 
the  county  superintendent  shall  forward  the  clerk  of  the  school  board  or  the 
secretary  of  the  board  of  education  of  all  schools  in  the  institute  district  a  cer- 
tificate of  attendance,  duly  signed  and  sealed,  which  shall  entitle  the  holder 
thereof  to  the  sum  of  $2.00  and  five  cents  mileage  each  way  for  every  mile 
necessarily  traveled  from  the  residence  of  the  teacher  in  the  district  to  the 
place  of  holding  the  institute,  but  such  attendance  shall  be  in  the  institute 
district  in  which  the  school  is  located. 

Provided,  that  if  a  teacher  fails  to  attend  the  district  institute,  after  due 
notice,  or  fails  to  perform  the  duty  or  duties  assigned,  the  county  superintend- 
ent shall  certify  that  fact  to  the  clerk  of  the  school  board  or  to  the  secre- 
tary of  the  board  of  education  of  the  school  district  in  which  such  teacher 
may  be  employed,  who  shall  then  cause  to  be  deducted  the  sum  of  $1.50  from 
the  salary  of  such  teacher,  unless  such  absence  shall  be  caused  by  illness  or 
other  reason  as  shall  be  approved  by  the  county  superintendent. 

Provided,  further,  that  whenever  a  teacher  of  a  school  or  a  majority  of  the 
teachers  of  a  graded  school  desire  to  attend  a  state  or  district  state  association 
the  school  board  or  the  board  of  education  is  hereby  authorized  to  close  such 
school  or  schools  for  not  more  than  five  days  to  enable  such  teacher  or  teachers 


28  SOUTH  DAKOTA  SCHOOL  LAWS 

to  do  so;  provided,  that  the  teacher  or  teachers  must  make  up  any  time  so 
lost  from  their  engagement,  unless  the  school  board  or  board  of  education  pass 
a  resolution  to  other  effect. 

(7)  In  all  territory  that  has  been  opened  to  settlement  by  proclamation 
of  the  president  of  the  United  States  and  organized  under  the  state  law  of 
South  Dakota,  the  child  or  children  of  Indian  parentage  shall  be  classified, 
enumerated  and  recognized  the  same  as  all  other  children  of  the  state  of 
South  Dakota,  and  their  attendance  and  supervision  shall  be  subject  in  every 
particular  to  all  the  requirements  and  laws  of  the  state,  governing  our  public 
schools,  and  in  addition  thereto,  all  teachers  in  public  schools,  where  Indian 
pupils  are  enrolled,  shall  report  monthly  to  the  superintendent  of  each  agency, 
having  charge  of  such  Indians,  showing  the  attendance  of  such  pupils,  blanks 
to  be  furnished  for  such  reports  by  the  said  Indian  superintendents. 

Action  against  any  school  officer  for  non-performance  of  duty  in  accord- 
ance with  this  article  may  be  instituted  by  any  respectable  citizen  of  the  county 
where  said  officer  resides. 

§  137.  Teachers  to  Give  Notice  on  Beginning  School^  Every  teacher  on 
commencing  a  term  of  school  shall  give  written  notice  to  the  county  superin- 
tendent of  the  time  and  place,  of  beginning  of  such  school,  and  the  probable 
time  when  it  will  end. 

§  138.  Branches  to  be  Taught]  Instruction  shall  be  given  in  the  com- 
mon schools  of  the  state  in  the  following  branches,  in  the  several  grades  in 
which  each  may  be  required,  viz:  Reading,  writing,  orthography,  arithmetic, 
geography,  primary  language  and  English  grammar,  history  of  the  United 
States,  history  of  South  Dakota,  physiology  and  hygiene,  with  special  instruc- 
tion as  to  the  nature  of  alcoholic  drinks  and  narcotics  and  their  effects  upon 
the  human  system,  civil  government  and  drawing. 

§  139.  Board  Shall  Provide  Register]  The  board  of  every  school  district 
shall  provide  one  classification  school  register  for  each  school  therein,  which 
shall  conform  to  the  form  prescribed  in  the  book  of  forms  provided  in  section 
5,  of  article  1,  and  keep  the  same  as  part  of  the  records  of  his  office,  except 
during  each  term  of  school,  when  the  teacher  shall  keep  said  register  and  record 
therein  each  day  the  attendance  of  each  pupil  and  the  absence  of  those  en- 
rolled, and  all  other  items  necessary  for  making  the  report  in  the  next  section 
required. 

§  140.  Teacher  Shall  Make  Term  Report]  Every  teacher  of  a  common 
school  under  this  law  shall  at  the  expiration  of  each  term  immediately  make 
out  full  duplicate  reports  and  deliver  one  copy  thereof  to  the  school  clerk,-  and 
one  to  the  county  superintendent.  Such  report  shall  show  the  names,  ages 
and  sex  of  all  pupils  admitted  during  the  term,  the  branches  taught,  the  studies 
pursued  by  each  pupil,  the  text  books  used,  the  number  of  days  taught,  the  num- 
ber of  days  each  pupil  was  present,  the  average  daily  attendance,  the  date  when 
school  began  and  ended,  the  salary  per  month,  and  information  concerning  the 
school  and  property.  In  addition  to  the  above  his  report  shall  show  the  grade  in 
which  each  pupil  belongs;  his  standings  as  shown  by  the  monthly  and  term  ex- 
aminations, the  daily  program  of  class  recitations,  and  such  other  information  as 
may  be  required  by  the  county  superintendent.  The  teacher  shall  also  make 
monthly  reports  to  parents  and  to  county  superintendents  when  blanks  for  the 
same  are  furnished.  And  until  such  report  shall  have  been  filed  with  the  clerk, 
the  school  board  shall  not  pay  more  than  ninety  per  cent  of  the  wages  of  such 
teacher  for  his  or  her  services  as  such,  for  the  time  required  to  be  covered 
by  such  report. 

Provided,  that  any  teacher  who  willfully  neglects  to  give  notices  and  make 
reports  herein  provided  or  who  shall  refuse  to  fulfill  the  conditions  of  his  con- 
tract unless  such  neglect  or  refusal  be  on  account  of  sickness  shall  thereby 
forfeit  his  certificate  to  teach. 

§  141.  Disturbance  of  a  Public  School]  Every  person,  whether  pupil  or 
not,  who  shall  willfully  molest  or  disturb  a  public  school  when  in  session,  of 


SOUTH   DAKOTA   SCHOOL  LAWS  29 

wTio  shall  willfully  interfere  with  or  interrupt  the  proper  order  or  management 
of  a  public  school  by  acts  of  violence,  boisterous  conduct  or  threatening  lan- 
guage, so  as  to  prevent  the  teacher  or  any  pupil  from  performing  his  duty 
shall  be  guilty  of  a  misdemeanor,  and  shall  upon  conviction  thereof,  before  a 
justice  of  the  peace,  be  punished  by  a  fine  not  exceeding  twenty-five  dollars 
or  by  imprisonment  in  the  county  jail  not  more  than  ten  days,  or  by  both  such 
fine  and  imprisonment. 

§  142.  Defacement  of  School  Property]  Any  pupil,  who  cuts,  defaces,  or 
otherwise  injures  any  school  house,  apparatus,  or  outbuildings  thereof,  is  liable 
to  suspension  or  expulsion;  and  on  the  complaint  of  the  teacher  to  any  member 
of  the  school  board,  the  parents  or  guardians  of  such  pupils  shall  be  liable  for 
all  damages. 

§  143.  Ethical  Instruction]  Moral  instruction  intended  to  impress  upon 
the  mind  of  pupils  fhe  importance  of  truthfulness,  temperance,  purity,  public 
spirit,  patriotism  and  respect  for  honest  labor,  obedience  to  parents  and  due 
deference  for  old  age,  shall  be  given  by  every  teacher  in  the  public  service 
of  the  state. 

§  144.  Humane  Treatment  of  Animals  to  be  Taught]  There  shall  be 
taught  in  the  public  schools  of  this  state,  in  addition  to  other  branches  of  study 
as  now  prescribed,  a  system  of  humane  treatment  to  animals. 

Each  school  supported  wholly  or  in  part  by  the  public  funds  of  this  state, 
in  any  county  or  city  thereof,  shall  instruct  all  scholars  in  the  laws  of  this 
state  as  embodied  in  the  penal  code,  or  other  laws  pertaining  to  the  humane 
treatment  of  animals,  such  studies  on  the  subject  as  the  board  of  education 
having  supervision  thereof  may  adopt,  such  instruction  to  consist  of  not  less 
than  one  lesson  of  ten  minutes  each  during  each  week  of  the  school  year.  But 
no  experiment  upon  live  animals,  to  demonstrate  facts  in  physiology,  shall  be 
permitted  in  any  school  in  this  state. 

§  145.  Necessary  Equipment]  Each  school  and  each  school  room, 
containing  one  or  more  of  the  grades,  three  to  eight  inclusive,  and  each  un- 
graded district  school  shall  be  supplied  with  a  dictionary  of  some  standard 
grade  of  a  kind  and  edition  approved  by  the  county  superintendent  of  schools, 
and  a  globe  of  some  standard  grade,  a  well  mounted  and  recent  set  of  wall 
maps,  blackboards,  and  other  suitable  apparatus  for  efficient  teaching;  within 
thirty  days  after  the  request  in  writing  for  the  same  has  been  made  by  the 
teacher.  And  the  district  school  board  may  also  provide  for  each  school  other 
high  grade  library  books  and  books  of  reference  as  they  may  deem  for  the 
best  interest  of  the  school;  Provided,  said  expense  for  books  and  other  equip- 
ment as  enumerated  above  shall  not  exceed  fifty  dollars  for  any  school  in  any 
one  year.  Provided,  that  no  district  school  board  shall  buy  any  apparatus, 
chart,  or  similar  device  unless  said  board  is  expressly  authorized  so  to  do  by  a 
majority  of  the  school  electors  of  such  school  district  at  a  regular  or  regular- 
ly called  special  meeting  thereof. 

§  146.  Prohibition  on  Binding  Contracts]  No  contract  binding  on  the 
school  district  shall  be  made  in  any  case  except  by  the  school  board  or  board 
of  education,  acting  as  such,  af  a  regular  meeting  or  regularly  called  special 
meeting,   excepting   contracts  made  for  the  employment  of  teachers. 

§  147.  Tuition  for  Eighth  Grade  Graduates]  Any  pupil  who  shall 
successfully  complete  the  work  of  the  eighth  grade  as  established  in  the  state 
course  of  study  and  who  shall  hold  a  common  school  diploma  granted  by  the 
county  superintendent  is  privileged  to  continue  his  school  work  up  to  and  in- 
cluding the  twelfth  grade  by  attending  any  graded  school  (high  school  or  nor- 
mal school),  in  the  state  furnishing  a  higher  course  of  study,  and  not  to  ex- 
ceed two  dollars  per  month  of  the  tuition  charge  therefor  shall  be  paid  by  the 
board  of  his  home  district  from  the  general  fund  thereof,  if  his  home  district 
does  not  provide  instruction  in  such  higher  grades,  and  any  tuition  charge  in 
excess  of  said  two  dollars   ($2.00)   per  month,  which,  in  addition  thereto  shall 


30  SOUTH  DAKOTA  SCHOOL  LAWS 

not  exceed  the  actual  per  capita  cost  per  month  of  schooling  a  student  in  such 
graded  schoo',  shall  be  paid  by  the  student  or  his  parent  or  guardian. 

ARTICLE  VII 

§  148.  Every  person  having  under  his  control  a  child  between  the  age 
of  eight  and  fourteen  yej^rs,  both  inclusive,  shall  annually  cause  such  child 
to  regularly  attend  some  public  or  private  day  school  for  the  entire  term  during 
which  the  public  school  in  the  district  in  which  he  resides  is  in  session.  Pro- 
vided, that  the  district  board  may  decrease  the  required  term  of  attendance 
to  not  less  than  sixteen  weeks,  twelve  weeks  of  which  must  be  consecutive. 

For  every  neglect  of  such  duty  the  person  offending  shall  be  fined  for  the 
use  of  the  public  schools  of  his  school  corporation,  a  sum  not  less  than  $10.00 
nor  more  than  $20.00  and  shall  stand  committed  until  such  fine  and  costs  of 
suit  are  paid. 

But  if  the  person  so  neglecting  shall  show  to  the  board  of  education  or 
district  school  board,  as  the  case  may  be,  or  to  the  court,  that  instruction  has 
otherwise  been  given  by  a  competent  person  for  a  like  period  of  time  to  such 
child  in  the  branches  commonly  taught  in  the  public  schools;  that  such  child 
has  already  acquired  the  branches  of  learning  taught  in  the  public  schools; 
or  that  his  physical  or  mental  condition  as  declared  by  a  competent  physician 
is  such  as  to  render  such  attendance  unsafe  or  impracticable;  or,  if  in  the 
opinion  of  the  court  or  judge  such  compulsory  attendance  would  impose  con- 
ditions which  would  not  be  humane,  then  such  penalty  shall  not  be  incurred. 
Such  fine  shall  be  paid  when  collected  to  the  county  treasurer  or  the  treasurer 
of  such  city  or  independent  district  in  which  such  child  and  parents  reside, 
to  be  credited  by  him  as  other  money  raised  for  school  purposes  to  the  district 
from  which  it  came. 

§  149.  The  board  of  education  of  city  or  town  independent  school  districts 
shall  appoint  each  year  a  truant  ofiicer,  whose  duty  it  shall  be,  under  the  di- 
rection of  said  board  or  its  superintendent,  to  enforce  the  provisions  of  this 
act.  Provided,  that  the  county  superintendent  shall  act  ex-officio  as  truant 
officer  for  all  other  districts.  The  truant  officer  shall  receive  such  compensa- 
tion for  his  services  as  the  board  of  education  may  determine. 

It  shall  be  the  duty  of  the  truant  officer,  teacher,  member  or  agent  of  such 
board  of  education  to  petition,  and  any  reputable  citizen  may  petition,  the 
county  court  of  the  county,  to  inquire  into  the  case  of  any  child  of  compulsory 
school  age  who  is  not  attending  school,  or  whose  attendance  is  irregular,  or 
who  has  been  guilty  of  habitual  truancy,  and  the  petition  shall  also  state  the 
names,  if  known,  of  the  father  or  mother  of  such  child  or  the  survivor  of  them, 
and  if  neither  father  nor  mother  of  such  child  is  living  or  cannot  be  found 
in  the  county  or  if  their  names  cannot  be  ascertained,  then  the  name  of  the 
legal  guardian,  and  if  there  be  neither,  then  the  person  who,  in  the  judgment 
of  the  court,  is  responsible  for  the  conduct  of  such  child.  Such  petition  shall 
be  verified  by  oath  upon  the  belief  of  the  petitioner,  and  upon  being  filed,  the 
judge  of  the  county  court  shall  cause  to  be  issued  a  citation  to  the  sheriff  of 
the  county  directing  him  to  bring  such  parent,  guardian  or  person  before  the 
court  or  judge  and  shall  summon  such  witnesses  as  may  be  necessary  to  as- 
certain the  facts  in  the  case,  and  if  the  court  or  judge  shall  find  that  the  ma- 
terial facts  set  forth  in  the  petition  are  true,  then  such  parent,  guardian  or 
person  shall  be  fined  as  hereinbefore  provided.  It  shall  also  be  the  duty  of 
said  truant  officer  to  arrest  children  of  school  going  age  who  habitually  haunt 
public  places  and  have  no  lawful  occupation,  and  also  truant  children  who 
absent  themselves  from  school  without  leave,  and  place  them  in  charge  of 
the  teacher  having  charge  of  the  school  which  said  children  are  by  law  entitled 
to  attend. 

The  board  of  education  shall  have  the  power,  in  its  discretion,  to  set  aside 
a  room  or  building  for  the  detention,  during  reasonable  hours,  and  instruction 


SOUTH  DAKOTA  SCHOOL  LAWS  31 

of  such  children  as  may  be  assigned  thereto  by  the  superintendent,  principal 
or  board  of  education  because  of  habitual  truancy,  continued  violation  of  the 
rules  of  the  school,  or  of  vicious  or  immoral  habits,  and  to  pass  and  enforce 
such  rules  and  to  provide  teachers  and  other  agents  and  equipment  as  may 
be  necessary  to  maintain  discipline  and  instruct  in  the  same  branches  as  are 
provided  in  other  rooms  or  buildings.  And  it  shall  be  the  duty  of  said  teacher 
to  assign  such  children  to  their  proper  classes  and  instruct  them  in  such 
studies  as  they  are  fitted  to  pursue.  Any  school  officer  or  employe  failing  to 
perform  the  duty  required  of  him  by  this  article  shall  be  liable  to  a  fine  of 
not  less  than  .$10  nor  more  than  |20  for  every  such  offense. 

§  150.  No  child  under  the  age  of  fifteen  years  shall  be  employed,  permitted 
or  suffered  to  work  at  any  gainful  occupation  in  any  mine,  hotel,  laundry, 
manufacturing  establishment,  factory,  passenger  or  freight  elevator,  bowling 
alley  or  in  any  saloon,  theater,  concert  hall  or  place  of  amusement,  where  in- 
toxicating liquors  are  sold,  or  as  messenger  or  driver  thereof  or  in  any  other 
mnnner  in  work  performed  for  wages  or  other  compensation  to  whomsoever 
payable,  during  any  portion  of  any  month  during  the  hours  when  the  public 
schools  of  any  district  in  which  he  or  she  resides  are  in  session. 

Every  owner,  superintendent  or  overseer  of  any  mine,  factory,  work-shop, 
mercantile  establishment,  or  any  other  person  who  shall  employ  any  child  under 
fifteen  years  of  age  contrary  to  the  provisions  of  this  article  shall  be  deemed 
guilty  of  a  misdemeanor,  and  for  every  offense  shall  upon  conviction  thereof 
be  fined  not  less  than  $10  nor  more  than  $50  and  costs. 

Any  person  having  the  control  of  a  child  or  who  may  have  children  in  his 
employ,  who  with  the  intent  to  evade  the  provisions  of  this  article  shall  make  a 
willfully  false  statement  concerning  the  age  of  such  child  or  in  regard  to  facts 
covered  by  any  other  provision  of  this  article,  shall  for  such  an  offense  be  fined 
in  any  sum  not  less  than  $10  nor  more  than  $50  for  the  use  of  the  public  school 
corporation. 

(2)  That  all  of  article  7  of  chapter  22  of  the  Revised  Political  Code  of 
South  Dakota  of  1905,  and  all  other  acts  or  parts  of  acts  in  conflict  with  any 
of  the  provisions  of  this  act  be  and  the  same  are  hereby  repealed. 

ARTICLE  VIII 
School  Bonds 

§  151.  Bonds  May  be  Issued]  Whenever  the  qualified  electors  of  a  school 
district  shall  at  any  regular  or  special  meeting  held  for  that  purpose,  vote  to 
issue  school  district  bonds  for  the  purpose  of  building  and  furnishing  a  school 
house  and  purchasing  grounds  on  which  to  locate  the  same,  or  to  fund  an  out- 
standing indebtedness,  the  school  district  board  may  lawfully  issue  such  bonds 
in  accordance  with  the  provisions  of  this  article. 

Provided,  however,  that  the  question  of  issuing  bonds  shall  not  be  sub- 
mitted to  a  vote  of  the  district  and  no  meeting  shall  be  called  for  that  purpose 
until  the  school  district  board  shall  have  been  petitioned  in  writing  by  one- 
third  of  the  voters  resident  in  said  school  district. 

§  152.  Before  the  question  of  issuing  bonds  shall  be  submitted  to  a  vote 
of  the  school  district,  notices  shall  be  posted  in  at  least  three  public  and  con- 
spicuous places  in  said  district  stating  the  time  and  place  of  meeting,  the 
amount  of  bonds  proposed  to  be  issued  and  the  time  in  which  they  shall  be 
made  payable;  said  notices  shall  be  posted  not  less  than  twenty  days  before 
the  meeting,  and  the  voting  shall  be  done  by  means  of  written  or  printed 
ballots,  and  all  ballots  deposited  in  favor  of  issuing  the  bonds  shall  have  thereon 
the  words  "For  issuing  bonds,"  and  those  opposed  thereto  shall  have  thereon 
the  words  "Against  issuing  bonds;"  and  if  a  majority  of  all  the  votes  cast  shall 
be  in  favor  of  issuing  bonds,  the  school  board  through  its  proper  oflScers  shall 
forthwith  proceed  to  issue  bonds  in  accordance  with  the  vote;  but  if  a  majority 


32  SOUTH   DAKOTA   SCHOOL   LAWS 

of  all  the  votes  cast  are  against  issuing  bonds  then  no  further  action  can  be 
had,  and  the  question  shall  not  be  again  submitted  to  a  vote  for  one  year  there- 
after, except  for  a  different  amount. 

§  153.  The  denomination  of  the  bonds  which  may  be  issued  under  the 
provisions  of  this  article  shall  be  fifty  dollars  or  some  multiple  of  fifty,  not 
exceeding  two  hundred  dollars,  and  shall  bear  interest  at  the  rate  of  not  ex- 
ceeding seven  per  cent  per  annum,  payable  semi-annually  in  accordance  with 
the  interest  coupons  which  shall  be  attached  to  said  bonds;  and  such  bonds 
shall  be  made  payable  in  annual,  biennial  or  triennial  succession,  but  no  bond 
shall  be  made  payable  in  less  than  three  or  more  than  fifteen  years;  and 
no  greater  amount  than  two  thousand  five  hundred  dollars  can  be  issued  for 
any  one  school  house,  except  in  towns  or  villages  of  more  than  one  hundred 
inhabitants,  and  in  such  districts  the  amount  shall  not  exceed  four  per  cent 
of  the  assessed  valuation. 

Provided,  that  when  a  district  containing  two  or  more  schools,  at  a  meet- 
ing of  the  electors  thereof,  shall  have  voted  to  consolidate  part  or  all  of  such 
schools,  or  if  two  or  more  districts  shall  have  voted  to  consolidate  for  the 
purpose  of  establishing  and  maintaining  a  graded  central  school,  in  such  cases 
bonds  may  be  issued  not  to  exceed  four  thousand  dollars  for  the  purpose  of 
building  and  equipping  a  school  house.  Provided,  that  the  amount  shall  not 
exceed  four  per  cent  of  the  assessed  valuation  of  said  district. 

Provided  further,  that  for  the  purpose  of  this  act  the  valuation  fixed  by 
the  state  board  of  equalization  at  its  last  preceeding  meeting  shall  be  the  as- 
sessed valuation  of  such  districts. 

§  154.  Bonds — Form  of — Auditor's  Certificate]  Whenever  any  bonds  are 
issued  under  the  provisions  of  this  article,  they  shall  be  lithographed  or  printed 
on  good  bond  paper  and  shall  state  upon  their  face  the  date  of  their  issue,  the 
amount  of  the  bond,  to  whom  and  for  what  purpose  issued,  also  the  time  and 
place  of  making,  and  the  rate  is  interest  to  be  paid.     They  shall  have  printed 

upon  the  margin  the  words,  "Authorized  by  article  8  of  chapter of  the 

Session  Laws  of  South  Dakota  for  1907"  and  upon  the  back  of  the  bonds  a 
certificate  signed  by  the  county  auditor  in  substantially  the  following  form: 

"I  certify  that  the  within  bond  is  issued  in  accordance  with  law,  and  is 
within  the  debt  limits  permitted  by  the  constitution  of  the  state  of  South  Da- 
kota, and  in  accordance  with  a  vote  of school  district  at  a  regular 

(or  special)  meeting  on  the day  of A.  D.  19. .  .  .to  issue 

bonds  to  the  amount  of dollars." 

They  shall  be  signed  by  the  chairman  and  clerk  of  the  school  board  and 
shall  be  registered  and  numbered  in  a  book  to  be  kept  by  the  clerk  for  that 
purpose,  in  which  shall  be  entered  the  number,  date,  and  name  of  person  to 
whom  issued,  and  the  dates  when  the  same  shall  become  due. 

Bond  Tax  Levy]  In  any  school  district  where  there  are  bonds  outstanding, 
the  school  board  shall  have  power  at  the  time  the  school  taxes  are  levied  to 
levy  a  tax  in  addition  to  the  tax  provided  for  in  section  118  sufficient  to  pay 
the  interest  on  said  outstanding  bonds  as  the  same  may  become  due  and  not 
to  exceed  fifteen  per  cent  of  the  principal  as  a  sinking  fund.  The  said  tax 
shall  be  certified  to  the  county  auditor  by  the  school  clerk  at  the  same  time 
that  the  levies  for  other  purposes  are  certified. 

The  money  obtained  from  the  levies  for  the  interest  and  sinking  fund 
shall  not  be  used  for  any  other  purpose  than  that  for  which  the  levies  are 
made ; 

Provided,  that  when  any  school  district  shall  hereafter  issue  bonds,  the 
school  district  board  shall  at  or  before  the  time  of  so  doing  provide  for  the 
levy  of  an  annual  tax  sufficient  to  pay  the  interest  and  principal  thereof  when 
due,  and  all  such  levies  when  legally  made  shall  be  irrepealable  until  such 
debt  be  paid. 

Provided,  however,  that  such  levy  shall  not  be  greater  than  fifteen  per  cent 


SOUTH   DAKOTA   SCHOOL   LAWS  33 

in  any  one  year  of  the  debt  to  be  paid.  The  school  board  may  in  their  discretion 
purchase  any  of  its  outstanding  bonds  at  their  market  value  and  pay  for  the 
same  out  of  the  sinking  fund. 

§  155.  Sale  of  Bonds]  Whenever  any  bonds  shall  be  issued  under  the 
provisions  of  this  article,  the  school  district  treasurer  shall  have  authority  to 
negotiate  and  sell  such  bonds  for  not  less  than  par,  and  the  proceeds  shall  be 
used  exclusively  for  the  purpose  of  building  and  furnishing  a  school  house 
and  in  payment  for  a  site  for  the  same  and  for  necessary  buildings. 

§  156.  Bonds  a  Lien  on  Property]  Bonds  issued  under  the  provisions 
of  this  article  shall  be  a  lien  upon  the  taxable  property  of  the  school  district 
issuing  them,  and  when  any  school  board  neglects  or  refuses  to  levy  a  tax 
in  accordance  with  law  to  meet  any  outstanding  bonds  or  interest  thereon,  the 
county  auditor  shall  have  power  to  levy  such  tax,  and  when  collected  to  apply 
the  proceeds  to  the  payment  of  such  coupons  and  bonds. 

§  157.  Cancellation  of  Bonds]  Whenever  the  bonds  of  any  school  district 
shall  have  been  redeemed  by  the  school  board,  they  shall  be  cancelled  by  writ- 
ing or  printing  in  red  ink  the  words  "Cancelled  and  paid"  across  each  bond 
and  coupon,  and  the  date  of  the  payment  and  the  amount  paid  shall  be  en- 
tered in  the  clerk's  register  against  the  proper  number  of  bond  and  the  bonds 
so  cancelled  shall  be  filed  in  the  office  of  the  district  treasurer  until  all  the 
outstanding  bonds  are  paid,  when  they  shall  be  destroyed  in  the  presence  of 
the  full  board. 

§  158.  Building  a  School  House]  Whenever  any  school  house  is  built 
with  funds  provided  in  the  manner  herein  authorized,  the  school  board  shall 
advertise  at  least  thirty  days  in  some  newspaper  printed  in  the  county,  or  by 
posting  notices  for  the  same  length  of  time  in  at  least  three  of  the  most  public 
and  conspicuous  places,  if  no  newspaper  is  published  in  the  county,  for  sealed 
proposals  for  building  and  furnishing  such  school  house  in  accordance  with 
plans  and  specifications  that  shall  be  furnisiied  by  the  school  board,  reserving 
the  right  to  reject  any  and  all  bids,  and  if  any  of  the  proposals  shall  be 
reasonable  and  satisfactory  said  board  shall  award  the  contract  to  the  lowest 
responsible  bidder,  and  shall  require  of  such  contractor  a  bond  in  double  the 
amount  of  the  contract,  conditioned  that  he  will  properly  account  for  all  money 
and  property  of  the  school  district  that  may  come  into  his  hands,  and  that  he 
will  perform  the  conditions  of  his  contract  in  a  faithful  manner  and  in  accord- 
ance with  its  provisions,  and  in  case  all  the  proposals  shall  be  rejected  said 
board  shall  advertise  anew  in  the  same  manner  as  before  and  until  a  reason- 
able bid  shall  be  submitted; 

Provided,  however,  that  no  member  of  the  school  district  board,  clerk  or 
treasurer,  shall  be  interested,  directly  or  indirectly,  in  any  contract  for  building 
or  furnishing  any  school  house  provided  for  in  this  article. 

§  159.  Bonds  Executed  Now  in  Excess  of  Statute]  When  any  school  dis- 
trict in  this  state,  which  shall  have  heretofore  legally  issued,  executed  and 
delivered  its  negotiable  bonds  for  the  purposes  then  provided  by  law,  and 
which  at  the  time  of  issue  thereof  was  not  in  excess  of  the  debt  limit  allowed 
said  district  or  township  by  law,  but  which  said  district  for  any  reason  has 
outstanding  in  said  bonds  and  other  indebtedness  an  amount  in  excess  of  the 
present  constitutional  and  statutory  limit,  so  as  to  preclude  a  valid  issue  of 
bonds  funding  all  outstanding  indebtedness,  then  and  in  that  event  the  school 
board  of  said  district  upon  being  authorized  to  do  so  by  a  majority  vote  of  all 
electors  at  any  regular  election  or  special  election  called  for  that  purpose,  is 
hereby  empowered  to  make  a  contract  for  the  issue  of  extension  coupons  with 
the  holder  or  holders  of  said  outstanding  bonds,  at  or  prior  to  the  time  of  the 
same  becoming  due,  which  said  contract  shall  be  entered  upon  the  clerk's  record 
of  said  district,  and  in  pursuance  of  said  contract  the  said  school  board  shall 
execute  and  deliver  the  extension  coupons  of  said  district,  extending  the  time 
of  payment  of  said  school  bonds  heretofore  issued  for  a  period  of  not  less  than 
three  nor  more  than  ten  years,  at  a  rate  of  interest  to  be  agreed  upon  between 


34  SOUTH  DAKOTA  SCHOOL  LAWS 

said  school  district  board  and  the  holder  or  holders  of  said  bonds,  not  to  exceed 
the  rate  in  the  original  bonds,  payable  semi-annually  at  such  date  and  place 
as  may  be  stated  in  said  coupons. 

§  160.  Certificate  of  County  Auditor]  When  any  school  district  in  this  state 
shall  have  voted  to  issue  its  negotiable  bonds  for  the  purpose  now  provided 
by  law,  and  before  the  county  auditor  shall  certify  to  the  bonds,  as  required 
in  section  ir)4,  the  said  district  shall  file  with  said  auditor  certified  copies  of 
the  record  of  the  said  school  district,  ordering  said  election,  and  the  records 
and  poll  book  of  said  election,  and  unless  said  records  show  a  strict  compliance 
with  law,  the  said  certificate  shall  not  be  executed. 


ARTICLE   IX 

Section  IGl.  Bonds  by  Boards  of  Education  of  Independent  School  Dis- 
tricts in  all  Cities  of  the  First  Class  and  Cities  Under  Commission  Having  a 
Population  of  10,000  or  Over]  Boards  of  education  of  independent  school  dis- 
tricts in  all  cities  of  the  first  class  and  in  all  "cities  under  commission"  having  a 
population  of  10,000  or  over  by  the  last  preceding  federal  or  state  census  are 
hereby  authorized  and  empowered  to  issue  negotiable  bonds  in  the  manner  here- 
inafter provided  for  the  following  purposes:  1.  To  refund  bonds  that  may  now 
be  outstanding.  2.  To  fund  outstanding  warrants.  3.  To  purchase  such  real 
property  as  the  board  of  education  may  deem  necessary  or  advisable  for  school 
athletic  and  other  school  purposes.  4.  To  raise  money  for  the  purchase  of  sites 
and  the  erection  of  suitable  buildings  for  school  purposes.  5.  To  raise  money 
for  the  erection  of  additions  to  school  buildings. 

§  162.  Resolution  of  Board]  When  the  board  of  education  of  the  inde- 
pendent school  district  of  any  city  of  either  of  the  classes  referred  to  in 
section  161  hereof,  shall  deem  it  necessary  and  expedient  to  raise  money  for 
any  of  the  purposes  herein  provided  for,  it  shall  pass  a  resolution  setting  forth 
clearly  and  distinctly  the  object  or  objects,  for  which  the  bonds  are  to  be  is- 
sued, the  amount  of  the  bonds,  the  maximum  rate  of  interest  which  they  are 
to  draw  and  the  time  when  they  shall  become  due  and  payable.  Said  resolu- 
tion shall  further  fix  the  time  and  place  for  holding  an  election  and  shall  dis- 
tinctly specify  the  propositions  to  be  submitted  to  the  electors.  Such  resolu- 
tion may  include  the  issuing  of  bonds  for  one  or  more  purposes.  The  resolu- 
tion shall  provide  for  its  publication  in  two  or  more  newspapers  published  in 
said  city  and  that  said  publication  shall  be  at  least  once  a  week  for  four 
weeks  prior  to  the  time  of  such  election.  When  such  resolution  shall  be 
adopted  by  the  board,  it  shall  be  entered  at  length  by  the  clerk  on  the  min- 
utes, signed  by  the  president  and  attested  by  the  clerk. 

§  163.  Polling  Place]  The  board  shall  fix  a  polling  place  in  each  ward 
and  shall  appoint  by  resolution  the  members  of  said  board  from  the  respective 
wards  as  judges  of  election.  Such  judges  shall  appoint  a  competent  person 
as  clerk. 

§  164.  Election]  Said  election  shall  be  held  in  accordance  with  the  gen- 
eral election  laws  of  this  state,  except  as  herein  modified; 

Provided,  no  registration  of  electors  shall  be  necessary.  The  polls  shall 
be  opened  at  2  p.  m.  and  close  at  6  p.  m.  on  the  day  designated.  All  persons, 
male  and  female,  who  are  qualified  electors  under  the  laws  of  the  state  shall 
be  competent  to  vote  at  such  election. 

§  165.  Ballot — Form  of]  The  ballot  to  be  used  shall  be  white  paper  and 
shall  be  printed  by  authority  of  the  board,  and  have  printed  upon  it  the  propo- 
sitions submitted  to  said  electors.  Said  proposition  or  propositions  so  printed 
on  the  ballot  shall  be  as  near  as  possible,  in  the  following  form: 

1.  Shall  the  board  of  education  of  the  city  of  (giving  the  name  of  city) 
be  authorized  to  issue  bonds  in  the  sum  of  (naming  it)  payable  in  twenty  years 
or  less  from  date  at  a  rate  of  interest  not  to  exceed  five  per  cent  per  annum. 


SOUTH   DAKOTA   SCHOOL   LAWS  35 

payable  annually,  for  the  purpose  of  refunding  the  outstanding  bonded  indebt- 
edness of  such  school  corporation? 

2.  Shall  the  board  of  education  of  the  said  city  (naming  it)  be  authorized 
to  issue  bonds  in  the  sum  of  (naming  it)  payable  in  twenty  years  or  less  from 
date,  at  the  rate  of  interest  not  to  exceed  five  per  cent  per  annum,  payable 
annually,  for  the  purpose  of  funding  the  outstanding  warrants  of  said  school 
corporation? 

3.  Shall  the  board  of  education  of  said  city  (naming  it)  be  authorized  to 
issue  bonds  in  the  sum  of  (naming  it),  payable  in  twenty  years  or  less  from 
date  and  bearing  a  rate  of  interest  not  to  exceed  five  per  cent,  payable  annually, 
for  the  purpose  of  purchasing  suitable  sites  and  for  the  erection  of  suitable 
school  buildings? 

4.  Shall  the  board  of  education  of  the  city  of  (naming  it)  be  authorized 
to  issue  bonds  in  the  sum  of  (naming  amount),  payable  in  twenty  years  or  less 
from  date,  bearing  a  rate  of  interest  not  to  exceed  five  per  cent,  payable  an- 
nually, for  the  purpose  of  erecting  additions  to  school  houses? 

On  the  ballots  there  shall  be  printed  opposite  each  separate  proposition 
the  words  "yes"  and  "no"  with  squares  before  them.  Any  elector  desiring  to 
vote  for  one  or  more  of  said  propositions  shall  place  a  cross  in  the  square  op- 
posite the  word  "yes."  Any  elector  desiring  to  vote  against  one  or  more  of 
said  propositions  shall  place  a  cross  in  the  square  opposite  the  word  "no." 

§  166.  Board  Canvass  Votes]  After  the  close  of  the  polls  the  respective 
election  boards  shall  canvass  the  votes  cast  and  certify  the  result  to  the  board 
of  education.  The  board  of  education  shall  meet  within  one  week  after  such 
election  and  proceed  to  canvass  the  votes  cast  in  the  various  wards,  and  the 
result  of  the  canvass  must  be  entered  in  the  minutes  of  the  board.  At  such 
election  the  proposition  submitted  must  receive  a  majority  of  the  votes  cast. 
If  one  or  more  of  said  propositions  receive  such  a  majority  the  clerk  must  enter 
in  his  records  the  affidavits  of  publication  of  notice  of  election. 

§  167.  Rate  of  Interest  and  Signature  of  Officers  on  Bond]  The  bonds 
when  issued  shall  not  bear  a  higher  rate  of  interest  than  fivei  per  cent,  payable 
annually.  They  shall  specify  on  their  faces  the  purpose  for  which  they  are 
issued  and  the  time  of  the  election  authorizing  their  issue;  the  time  and  place 
of  payment  which  shall  not  exceed  twenty  years,  and  the  statement  that  they 
are  issued  in  accordance  with  the  provisions  of  this  article.  The  bonds  shall 
be  signed  as  follows:  The  board  of  education  of  the  city  of  (naming  it)  by 
(giving  his  name),  president  of  the  board,  and  attested  by  the  clerk  with  the 
seal,  and  countersigned  by  the  treasurer  of  said  board.  Each  bond  so  issued 
shall  not  be  less  than  fifty  dollars.  Such  bonds  when  issued  shall  be  held 
to  be  negotiable  securities  and  may  be  issued  payable  to  order  or  bearer. 
The  annual  interest  shall  be  evidenced  by  coupons  attached  to  the  bonds.  The 
coupons  shall  be  signed  and  attested  in  the  same  manner  as  the  bonds,  but 
need  not  be  countersigned  by  the  treasurer. 

§  168.  Sale  of  Bonds]  Such  bonds  shall  be  sold  at  public  auction  to  the 
highest  bidder  for  not  less  than  par.  The  board  of  education  shall  cause  at 
least  two  weeks'  notice  to  be  published,  stating  the  time  and  place  where  such 
bonds  will  be  offered  for  sale. 

§  169.  Bond  Issue — Limit  of  Tax  Levy  to  Pay]  Any  board  of  education 
of  tiie  independent  school  district  of  any  city  of  either  of  the  classes  i-e- 
ferred  to  in  section  161  hereof  shall  not  issue  bonds  in  such  sums  which,  with 
the  outstanding  indebtedness,  shall  exceed  5  per  cent  of  the  assessed  valua- 
tion of  the  taxable  property  situated  in  said  school  district,  except  when  they 
are  for  funding  or  refunding  purposes;  but  such  funding  or  refunding  bonds, 
with  the  debts  not  funded,  shall  not  exceed  the  5  per  cent  limit.  Before  any 
bonds  are  issued  and  sold  in  accordance  with  this  article  and  with  the  vote  of 
the  electors  of  said  corporation,  the  said  board  of  education  shall  pass  a  reso- 
lution providing  for  the  levy  of  an  annual  tax,  which  said  levy  shall  include 
a  sufficient  sum  to  pay  the  annual  interest  on  all  bonds  issued  under  this  ar- 


36  SOUTH   DAKOTA   SCHOOL   LAWS 

tide  and  to  create  a  sinking  fund  of  at  least  three  per  cent  per  year  of  the  prin- 
cipal of  such  bonds.  The  interest  and  sinking  fund  thus  provided  for  shall  be 
set  apart  by  the  treasurer  of  said  corporation  and  shall  not  be  used  for  other 
purposes.  The  sinking  fund  shall  be  applied  to  the  payment  of  the  bonds  as 
fast  as  enough  accumulates  to  pay  one  or  more  bonds,  or  for  the  purchase  of 
such  bonds  at  or  below  par;  Provided,  that  such  board  may  at  its  discretion 
pay  not  to  exceed  one  year's  interest  in  advance  oi!  any  bond  together  with  the 
principal,  when  it  deems  such  course  advisable,  and  in  order  to  retire  the 
bonds  as  fast  as  there  is  money  in  the  sinking  fund. 

§  170.  Interest  Coupons — Payment  of]  Whenever  the  interest  coupons 
on  any  bonds  become  due,  they  shall  be  promptly  paid  by  the  treasurer  on  pre- 
sentation, and  he  shall  stamp  them  "Paid,"  with  the  date  of  payment,  and  his 
name.  All  bonds  paid  by  him  shall  be  cancelled  in  the  same  manner  and  filed 
with  the  clerk  of  the  board. 

§  171.  Property  Pledged  to  Pay  Bonds]  The  school  property  and  fund 
of  such  school  district  are  hereby  pledged  for  the  payment  of  any  bonds  issued 
under  this  article  or  under  previous  laws  that  may  be  superseded  by  this  article. 

§  172.  Bonds — Registered]  It  shall  be  the  duty  of  the  clerk  and  treasurer 
to  register  each  bond  issued  in  a  suitable  book,  with  the  name  of  the  purchaser 
and  the  names  of  subsequent  holders  when  known.  Such  book  shall  contain 
columns  for  entering"  the  payment  of  the  coupons  and  bonds. 

ARTICLE  X 

§  173.  Bonds  for  School  Districts  Created  by  Special  Act]  Any  independ- 
ent school  district  heretofore  created  and  organized  under  a  special  act  is 
hereby  authorized  and  empowered  to  issue  bonds  for  the  purpose  of  building, 
enlarging  or  furnishing  school  houses;  or  for  purchasing  grounds  on  which  to 
locate  the  same,  in  any  amount  not  exceeding  five  per  centum  of  the  assessed 
valuation  of  the  property  in  the  independent  district,  in  such  manner  as  is  now 
provided  for  the  issuance  of  bonds  for  like  purposes  under  the  provisions  of 
the  general  school  law. 

Provided,  however,  that  in  no  case  shall  the  outstanding  indebtedness,  to- 
gether with  the  bonds  so  issued,  exceed  five  per  centum  of  the  assessed  valua- 
tion of  the  property  in  said  independent  district. 

ARTICLE  XI 

Cities,   Towns  and  Adjacent  Territory,  Organized   as   Independent   Districts 

§  174.  All  cities,  towns  and  adjacent  territory  organized  as  independent 
school  districts  shall  be  governed  by  the  provisions  of  this  act. 

Provided,  that  any  city  or  town  organized  under  special  act,  either  for 
civil  government  or  educational  purposes,  may  at  any  time  adopt  the  provis- 
ions of  this  act  by  a  majority  vote  of  the  electors. 

Provided  further,  that  any  city  or  town,  or  any  unincorporated  town  or 
village,  having  a  population  of  one  hundred  inhabitants  or  over,  within  a  radius 
of  one'  mile  from  the  center,  may  adopt  the  provisions  of  this  act.  In  such 
cases  the  county  superintendent  shall,  upon  petition  of  a  majority  of  the  legal 
voters  within  the  proposed  district,  call  the  first  election  therefor  by  posting 
notices  in  not  less  than  three  of  the  most  public  places  in  the  district  or 
districts  in  which  said  city  or  town  is  situated,  said  notices  shall  contain  a  full 
description  of  the  boundaries  of  the  proposed  district,  and  also  the  time  and 
place  of  holding  the  election.  If  a  majority  of  the  voters  of  the  district  or  dis- 
tricts in  which  said  city  or  town  is  situated,  shall  vote  for  the  incorporation  of 
the  said  city  or  town  as  a  corporation  for  school  purposes,  then  it  shall  be 
considered  as  authorized  and  the  county  superintendent  shall,  without  delay, 
publish  notices  for  an  election  of  officers  of  said  corporation. 


SOUTH  DAKOTA  SCHOOL  I^WS  37 

§  175.  Whenever  a  new  corporation  is  authorized  and  established 
as  provided  in  Section  174,  the  county  superintendent,  the  president  of  the 
board  of  education  of  the  district  thus  organized,  and  the  chairman  of  the 
school  district  superseded  by  the  organization  of  the  new  district,  shall  consti- 
tute a  committee  of  arbitration  for  the  purpose  of  adjusting  all  property  inter- 
ests, liabilities,  bonds  or  other  forms  of  indebtedness  between  tlie  new  corpor- 
ation and  the  district  or  districts  superseded  by  its  formation. 

The  title  to  all  real  and  personal  property  granted  to  the  new  corporation 
by  the  committee  of  arbitration  shall  be  made  over,  transferred  and  conveyed 
to  said  corporation  by  the  district  or  districts  superseded  and  in  which  such  . 
property  was  previously  vested,  upon  order  of  said  committee.  And  all  per- 
sonal property  granted  to  the  said  new  corporation  shall  be  delivered  to  the 
proper  officer  by  those  having  it  in  charge,  upon  demand,  accompanied  by  the 
order  of  the  committee.  And  the  new  corporation  shall  be  liable  for  and  shall 
assume  and  pay  according  to  their  legal  tenor,  effect  and  obligation,  all  the 
outstanding  debts,  liabilities  and  bonds,  and  the  accrued  interest  thereon,  of 
the  school  district  or  districts  superseded  by  the  new  corporation,  and  the 
same  as  if  said  debts,  liabilities  or  bonds,  had  been  incurred  or  issued  by  said 
new  corporation,  and  the  law  which  authorized  the  superseded  district  or  dis- 
tricts to  incur  said  liabilities  and  debts,  or  to  issue  said  bonds,  shall  apply  to 
the  new  corporation  the  same  as  if  it  had  originally  been  authorized  to  incur 
or  issue,  and  had  incurred  and  issued  said  li Nihilities,  debts  or  bonds.  The 
debts,  liabilities,  and  bonds  shall  be  deemed  in  law  to  be  those  of  the  new  cor- 
poration, with  the  same  validity  for  securing  and  enforcing  the  payment  of 
principal  and  interest  that  they  wouM  have  against  the  district  or  districts 
that  incurred  or  issued  them. 

That  the  foregoing  provisions  shall  apply  with  equal  force  where  the 
school  organization  superseded  and  its  officers  were  a  part  of  the  city  govern- 
ment in  which  the  schools  were  situated. 

It  shall  be  the  duty  of  the  county  superintendent  to  file  with  the  county 
auditor  a  correct  plat  showing  the  adjustment  of  district  boundaries  in  conse- 
quence of  the  formation  and  organization  of  the  district  as  above  provided. 

That  the  foregoing  amendments  shall  apply  with  full  force  and  effect 
to  independent  school  districts  which  were  organized  prior  to  the  passage  of 
this  act  as  if  said  amendment  had  been  passed  and  was  in  force  previous  to 
their  organization.  All  issues  of  bonds  by  school  districts  prior  to  the  passage 
of  this  act,  for  the  purpose  of  refunding  bonds  of  the  district  or  city  super- 
seded by  the  new  corporation,  and  all  payments  of  liabilities  and  indebtedness 
of  said  district  or  city  are  hereby  made  legal  to  the  same  extent  as  though  the 
foregoing  amendment  had  been  in  force  before  any  proceedings  were  had  for 
the  issue  of  said  bonds  or  payment  of  said  liabilities  and  debts.  Where  any 
election  has  been  held  or  other  steps  have  been  taken  or  proceedings  had 
preparatory  to  the  issue  of  bonds  for  the  purpose  of  refunding  bonds  of  the 
district  or  city  superseded  by  the  new  corporation,  it  shall  be  unnecessary  to 
repeat  such  election  or  proceedings  already  had,  but  the  new  corporation  may 
continue  the  proceedings  with  the  same  force  and  effect  as  though  such  elec- 
tion or  proceedings  were  all  had  after  this  amendment  goes  into  effect. 

§  176.  Attachment  of  Territory]  Territory  outside  of  the  limits  of  any 
organized  independent  school  district,  but  adjacent  thereto,  may  be  attached 
thereto,  and  territory  within  the  limits  of  any  independent  district,  organized 
for  school  purposes  and  adjacent  to  any  school  district  may  be  attached  to 
said  school  district,  whether  said  independent  district  has  been  organized  by 
special  act  or  otherwise,  under  the  following  conditions: 

First.  Application  by  written  petition  for  such  change  must  be  made 
by  a  majority  of  the  resident  electors  desiring  to  have  territory  attached  to 
or  detached  from  any  independent  district. 

Second.     Upon  receipt  of  such  petition  the  county  superintendent  shall  call 


38  SOUTH  DAKOTA  SCHOOL  LAWS 

a  committee  to  decide  upon  granting  or  refusing  the  petition,  said  committee 
consisting  of  himself,  the  president  of  the  board  of  education  of  said  independ- 
ent district,  and  the  chairman  of  the  district  board. 

Third.  The  committee  shall  consider  the  interest  of  the  two  corporations 
concerned,  the  convenience  of  the  petitioners  and  the  permanent  school  in- 
terest, and  if  they  deem  it  proper,  shall  grant  the  petition  and  issue  an  order 
authorizing  the  attaching  of  such  territory  to  the  independent  district  or  school 
districts  to  which  it  is  adjacent,  and  if  to  any  adjacent  district  containing  a 
city  or  town,  such  order  shall  specify  to  what  ward  or  wards  such  territory 
shall  belong  for  all  school  purposes; 

Provided,  that  when  territory  has  been  attached  prior  hereto  the  board  of 
education  shall  at  any  regular  meeting  determine  to  what  ward  or  wards  such 
territory  shall  belong  for  all  school  purposes. 

Fourth.  The  committee  shall  also  have  power  to  adjust  all  property  in- 
terests involved  in  the  change  which  concerns  the  two  corporations  interested. 
Before  the  issuance  of  an  order  authorizing  the  change,  they  shall  make  an 
equitable  adjustment  of  any  question  of  indebtedness  involved. 

Fifth.  A  record  of  the  decisions  of  the  committee  shall  be  transmitted  to 
the  clerks  of  the  school  board  and  board  of  education  interested,  for  record, 
and  a  copy  forwarded  to  the  county  auditor  by  the  superintendent. 

Sixth.  Such  territory  shall,  from  the  date  of  the  order  authorizing  such 
change,  be  considered  a  part  of  the  independent  district  of  the  said  school 
district; 

Provided,  that  such  order  shall  not  be  issued  until  after  the  action  and 
decisions  of  the  committee  are  recorded  by  the  board  of  education  and  the 
district  school  board. 

The  taxable  property  of  all  such  adjacent  territory  shall  be  subject  to  taxa- 
tion and  bear  its  proportion  of  expenses  incurred  in  the  erection  of  school 
buildings  and  maintaining  the  schools  of  such  corporation; 

Provided,  that  territory  more  than  two  miles  from  the  limits  of  such  city 
or  town  shall  not  be  considered  adjacent  territory  to  which  the  provisions  of 
this  section  my  apply  unless  the  electors  of  such  territory  shall  unanimously 
petition  to  be  thus  attached  and  considered  as  adjacent  territory; 

Provided,  further,  that  when  an  independent  school  district  containing  an 
incorporated  city  or  town  is  situated  so  near  the  center  of  a  civil  or  congres- 
sional township  as  to  leave  a  fraction  of  said  civil  or  congressional  township 
impracticable  or  inconvenient  for  school  purposes,  after  attaching  adjacent 
territory  to  said  independent  school  district  to  the  two  miles'  limit  as  pro- 
vided by  law,  then  in  that  case  the  committee  provided  for  in  this  act  may, 
upon  a  petition  of  the  majority  of  the  electors  of  such  civil  or  congressional 
township  attach  the  surrounding  territory  and  make  the  independent  district 
to  conform  to  the  civil  or  congressional  township  line  for  school  purposes  only, 
and  in  such  cases  the  committee  may,  by  a  majority  vote  thereof,  upon  the 
petition  of  two-thirds  of  the  electors  of  such  surrounding  territory  and  two- 
thirds  of  the  electors  of  such  independent  district,  issue  its  order  attaching 
such  surrounding  territory  to  such  independent  district  as  aforesaid  and  all 
foregoing  provisions  shall  apply  to  such  actions  of  said  committee  except  that 
said  order  shall  go  into  effect  at  the  expiration  of  thirty  days  from  the  date 
thereof,  and  it  shall  not  be  necessary  that  the  actions  and  decisions  of  such 
committee  be  ratified  by  the  district  school  board  or  board  of  education  be- 
fore the  issuance  or  going  into  effect  of  such  order. 

Seventh.  An  appeal  may  be  taken  from  any  decision  of  the  committee 
by  any  or  all  the  petitioners  or  by  any  of  the  school  districts  interested,  to 
the  circuit  court  of  the  county  in  which  the  territory  proposed  to  be  annexed 
or  detached  is  situated,  upon  notice  in  writing  to  the  other  interested  parties, 
that  is,  to  the  committee  and  school  boards  and  boards  of  education  interested 
and  the  petitioners,  as  the  case  may  be,  by  service  upon  any  member  of  the 
committee  upon  any  member  of  each  of  the  school  boards  and  boards  of  edu- 
cation interested,  and  upon  any  one  of  the  petitioners  and  upon  filing  a  bond 


SOUTH  DAKOTA  SCHOOL  LAWS 


in  the  office  of  the  clerk  of  the  circuit  court  in  the  sum  of  two  hundred  and 
fifty  dollars,  with  at  least  two  sureties  to  be  approved  by  the  clerk  of  the  circuit 
court,  conditioned  that  appellant  will  pay  all  costs  therein  that  may  be  ad- 
judged against  him.  Proof  of  the  service  of  said  notice  of  appeal,  by  affidavit, 
shall  be  filed  with  the  clerk  of  said  circuit  court;  after  the  filing  of  the  bond 
for  costs  and  proof  of  service  of  the  notice  of  appeal  in  the  office  of  the  clerk 
of  the  circuit  court,  the  committee  shall  within  five  days  transmit  to  the  clerk 
of  the  circuit  court  the  petition,  and  decision  of  the  committee,  and  all  original 
papers  in  the  matter  in  controversy.  Said  committee  may  be  compelled  by 
said  circuit  court  by  an  order  enterd  upon  motion  to  transmit  such  decision 
and  petition  and  original  papers,  and  may  be  fined  for  neglect  or  refusal  to 
transmit  the  same.  The  clerk  of  the  circuit  court  shall  receive  and  file  said 
papers  and  docket  the  same  in  the  manner  as  on  appeals  from  justice  court, 
and  shall  receive  the  same  fees  therefor.  The  matter  shall  be  tried  anew  in 
the  circuit  court,  and  the  parties  appealing  to  be  designated  and  be  the  parties 
plaintiff,  and  the  other  parties  interested  the  parties  defendant.  The  action 
shall  stand  for  trial  at  the  term  of  the  circurt  court  next  convening  after  the 
filing  of  the  bond  and  notice  of  appeal  in  the  office  of  the  clerk  of  the  circuit 
court.  No  note  of  issue  or  notice  of  trial  need  be  served.  The  same  proceed- 
ing shall  be  had  as  in  any  civil  action,  and  all  judgments,  orders,  or  decisions 
made  therein  shall  be  valid,  mandatory,  and  enforceable  as  by  law  provided  for 
judgments  or  orders  in  any  civil  action. 

§  177.  School  District  a  Body  Corporate]  Every  district  organized  under 
the  provisions  of  this  article  shall  be  a  body  corporate  and  shall  possess  the 
usual  powers  of  corporation  for  public  school  purposes,  and  may  sue  and  be 
sued,  and  be  capable  of  contracting  and  being  contracted  with,  and  of  taxing 
and  holding  any  land  for  a  school  site,  not  exceeding  two  acres  chosen  by  the 
board  of  education  at  a  regular  meeting  of  said  board,  and  in  case  the  owner 
or  owners  of  said  land,  or  any  part  thereof,  shall  refuse  or  neglect  to  grant 
such  site  to  the  district,  then  said  district  shall  have  power  to  take  such  land 
for  said  site  in  the  manner  provided  by  law  for  the  taking  of  private  property 
for  public  use.  And  it  shall  have  power  to  hold  and  convey  such  personal  or 
real  property  as  it  may  at  any  time  possess.  All  actions  brought  by  or  against 
such  corporation  shall  be  in  the  name  of  the  board  of  education  of  said  inde- 
pendent district  of  the  county  of of  the  state  of  South  Dakota. 

§  178.  Shall  Maintain  School  not  Less  than  Six  nor  More  than  Ten 
Months]  Each  corporation  organized  under  this  article  shall  maintain  a  system 
of  free  common  schools  which  shall  be  kept  open  not  less  than  six  nor  more 
than  ten  months  in  any  one  year  and  shall  be  free  to  all  children  of  legal  school 
age  residing  within  such  corporation. 

"§  179.  In  all  school  districts  organized  under  this  article  there  shall  be 
a  board  of  education  consisting  of  five  members  elected  at  large  by  the  qualified 
electors  thereof  who  shall  be  elected  in  tlie  year  1908,  two  for  a  term  of  one 
year,  two  for  a  term  of  two  years  and  one  for  a  term  of  three  years.  Every 
year  thereafter  there  shall  be  elected  each  for  a  term  of  three  years  two  mem- 
bers of  such  board  except  in  years  which  are  divisible  by  three  when  one 
member  shall  be  elected  and  each  shall  serve  till  his  successor  is  elected 
and  qualified.  Provided  that  no  member  of  the  city  council  or  board  of  trustees 
shall  be  a  member  of  the  board  of  education." 

§  180.  The  school  election  shall  be  held  on  the  third  Tuesday  of  June, 
between  the  hours  of  nine  o'clock  in  the  forenoon  and  five  o'clock  in  the  af- 
ternoon of  that  day,  and  no  longer.  Notice  of  such  election  shall  be  given  by 
the  clerk  of  such  district,  by  publication  in  a  newspaper,  if  one  shall  be  pub- 
lished within  such  district,  and  by  posting  such  notices  in  five  of  the  most  pub- 
lic places  within  such  district,  at  least  ten  days  before  such  election,  a  list  of 
the  officers  to  be  elected  to  be  designated  in  such  notices  as  well  as  the  place 
where  and  the  time  when  such  election  will  be  held.  At  this  election  there 
shall  be  elected  members  of  the  board  of  education  as  providd  herein,  and 


40  SOUTH    DAKOTA    SCHOOL   LAWS 

a  treasurer  of  the  board  of  education  who  shall  be  elected  in  the  year  1908 
and  every  three  years  thereafter  for  a  term  of  three  years,  and  he  shall  hold 
his  office  until  his  successor  is  elected  and  qualified. 

"§  181.  The  board  of  education  shall  act  as  judges  and  clerk  of  election 
therefor,  and  shall  provide  a  polling  place,  separate  booth  for  each  150  electors 
in  said  corporation.  Provided,  that  in  all  cities  of  the  first  or  second  class, 
the  board  of  education  shall  provide  polling  places  in  each  ward  thereof,  and 
shall  appoint  a  judge  and  a  clerk  for  each.  The  returns  from  said  election 
shall  be  certified  by  the  officers  of  each  polling  place  and  shall  be  canvassed 
and  declared  by  said  board  of  education  at  their  next  regular  meeting  thereof." 

§  182.  Vacancy  Filled  by  Board]  The  board  of  education  shall  have 
power  to  fill  any  vacancy  for  the  unexpired  term  which  may  occur  in  their 
body; 

Provided,  that  any  vacancy  occurring  more  than  thirty  days  previous  to 
the  annual  election  shall  be  filled  at  the  first  annual  election  thereafter.  Any 
vacancy  in  the  office  of  treasurer  shall  be  filled  by  the  board  of  education  by 
appointment.     Said  appointee  shall  not  be  a  member  of  said  board. 

§  183.  The  board  of  education  at  its  first  regular  meeting  in  July  of  each 
year  following  their  election  shall  organize  by  the  election  of  a  president  and 
vice  president,  each  of  whom  shall  serve  for  a  term  of  one  year;  and  at  their 
regular  meeting  in  July  each  year  they  shall  also  elect  a  clerk,  not  a  member 
of  the  board,  who  shall  receive  such  compensation  for  his  services  as  the 
board  may  allow;  the  members  of  the  board  of  education  shall  receive  no  com- 
pensation. 

Provided  that  in  districts  newly  organized  under  this  article,  the  board 
shall,  within  thirty  days  after  their  election,  proceed  to  organize  and  elect 
officers  as  aforesaid,  who  shall  serve  until  the  time  of  the  next  regular  annual 
meeting. 

§  184.  Oath  of  Members  and  Other  Officers]  Each  member  of  the  board 
of  education  and  officer  provided  for  in  this  article  shall  take  and  subscribe  an 
oath  or  affirmation  to  support  the  constitution  of  the  United  States,  and  the 
state  of  South  Dakota,  and  faithfully  to  perform  the  duties  of  his  office. 

Section  185.  Bond  of  Clerk  and  Treasurer]  Before  entering  upon  the 
discharge  of  his  duties,  the  clerk  of  the  board  of  education  shall  give  a  bond  in 
the  sum  to  be  fixed  by  the  board,  not  less  than  five  hundred  dollars,  with  good 
and  sufficient  sureties,  to  be  approved  by  the  board. 

The  treasurer  shall  execute  a  bond  in  such  sum  as  that  body  may  require, 
with  sufficient  sureties  to  be  approved  by  the  board,  conditioned  for  the  faith- 
ful discharge  of  his  duties  as  treasurer  of  such  board. 

The  oath  and  bond  of  the  clerk  shall  be  filed  with  the  treasurer.  All  other 
oaths  and  bonds  shall  be  filed  with  the  clerk,  except  the  bond  of  the  treasurer, 
which  shall  be  recorded  at  length  by  the  clerk,  and  by  him  filed  in  the  office 
of  the  county  auditor  of  the  county  wherein  said  independent  school  district 
is  situated. 

§  186.  Meetings  of  Board]  The  regular  meetings  of  the  board  of  educa- 
tion shall  be  upon  the  last  Friday  of  each  month,  but  may  in  the  discretion  of 
the  board  be  on  the  second  Friday  also  and  special  meetings  may  be  held  from 
time  to  time  as  circumstances  may  demand. 

§  187.  It  shall  be  the  duty  of  the  president  to  appoint  all  committees  and 
to  countersign  all  warrants  drawn  upon  the  treasury  for  school  moneys.  It 
shall  be  the  duty  of  the  clerk  to  be  present  at  all  meetings  of  the  board,  keep 
an  accurate  journal  of  its  proceedings,  take  charge  of  its  books  and  documents, 
sign  all  warrants  for  school  money,  and  perform  such  other  duties  as  the  board 
may  require. 

§  188.  Report  of  Clerk]  The  clerk  of  the  board  of  education  at  the  close 
of  each  school  year  shall  make  an  annual  report  of  the  condition,  financial  as 
well  as  educational,  of  all  the  schools  of  the  corporation,  a  copy  of  which  shall 


SOUTH   DAKOTA    SCHOOL  LAWS  41 

be  sent  to  the  county  superintendent.  Said  report  or  such  portion  of  it  as  the 
board  of  education  shall  consider  advantageous  to  the  public,  shall  be  printed 
in  a  public  newspaper  or  in  pamphlet  form. 

§  189.  Report  of  Treasurer]  The  treasurer  shall  prepare  and  submit  in 
writing  a  monthly  report  of  the  state  of  the  finances  of  the  corporation,  and 
shall  when  required  produce  at  any  meeting  of  the  board  all  books  and  papers 
pertaining  to  his  office.  He  shall  pay  money  only  upon  a  warrant  signed  by 
the  president,  or  in  his  absence  the  vice  president,  and  countersigned  by  the 
clerk. 

§  190.  Graded  and  High  School  May  be  Organized]  The  board  of  educa- 
tion shall  have  power  to  organize  and  maintain  a  system  of  graded  schools,  to 
establish  a  high  school  whenever,  in  their  opinion,  the  interest  of  the  school 
corporation  demand  the  same,  and  to  exercise  sole  control  over  the  schools  and 
school  corporation. 

§  191.  Tax  Levy]  The  board  of  education  shall  on  or  before  the  fifteenth 
day  of  August  of  each  year  levy  a  tax  for  the  support  of  the  schools  of  the  cor- 
poration for  the  fiscal  year  next  ensuing  not  exceeding  in  any  one  year  twenty- 
five  mills  on  the  dollar  on  all  personal  and  real  property  within  the  district 
which  is  taxable  according  to  the  laws  of  the  state,  and  which  levy  the  clerk 
of  the  board  of  education  shall  certify  to  the  county  auditor,  who  is  hereby 
authorized  and  required  to  place  the  same  on  the  tax  roll  of  said  county  as 
the  taxes  of  the  county  and  paid  over  by  him  to  the  treasurer  of  the  board  of 
education,  of  whom  he  shall  take  a  receipt  in  duplicate,  one  of  w^ich  he  shall 
file  in  his  office  and  the  other  he  shall  transmit  to  the  clerk  of  the  board  of 
education.  "And  such  receipt  shall  show  the  proportionate  amounts  belong- 
ing to  the  several  funds  of  said  board  of  education,  apportioned  by  the  treasurer 
thereof  according  to  the  relative  amounts  levied  by  such  board  for  the  current 
year." 

§  192.  Taxable  Property]  The  taxable  property  of  the  whole  corporation, 
including  the  territory  attached  for  school  purposes,  shall  be  subject  to  taxa- 
tion. „ 

§  193.  Error  in  Tax  List  Corrected]  Whenever  an  error  occurs  in  any 
school  corporation  or  district  tax  list,  the  board  of  county  commissioners  may 
correct  and  refund  such  improper  collection  of  school  taxes  the  same  as  for 
other  county  taxes. 

§  194.  Bonds]  Whenever  it  shall  become  necessary  in  order  to  raise  suf- 
ficient funds  for  the  purpose  of  a  school  site  or  sites,  to  erect  suitable  building 
or  buildings  thereon,  or  to  fund  a  bonded  indebtedness  or  any  outstanding  in- 
debtedness, it  shall  be  lawful  for  the  board  of  education  of  every  corporation 
coming  under  the  provisions  of  this  article  to  borrow  money  for  which  they 
are  hereby  authorized  and  empowered  to  issue  bonds  bearing  a  rate  of  in- 
terest not  exceeding  seven  per  cent  per  annum,  payable  annuaUy,  or  semi-an- 
nually, at  such  places  as  may  be  mentioned  upon  the  face  of  said  bonds,  which 
bonds  shall  be  payable  in  not  more  than  twenty  years  from  their  date,  and  the 
board  of  education  is  hereby  authorized  and  empowered  to  sell  such  bonds  at 
not  less  than  par. 

Provided,  that  no  bonds  shall  be  issued  until  the  question  shall  be  sub- 
mitted to  the  people  and  a  majority  of  the  qualified  electors  who  shall  vote 
on  the  question  at  an  election  called  for  that  purpose  shall  have  declared  by 
their  votes  in  favor  of  issuing  such  bonds. 

Provided,  that  the  provisions  of  this  section  shall  not  apply  to  cities  of  the 
first  class  as  the  same  are  provided  for  by  article  9  of  this  chapter. 

§  195.  Election  Called  by  Mayor]  It  shall  be  the  duty  of  the  mayor  of 
such  city  or  town,  upon  request  of  the  board  of  education,  to  call  an  election 
to  be  conducted  in  all  respects  as  are  the  elections  for  city  or  town  officers,  in 
the  same  corporation  (except  that  returns  shall  be  made  to  the  board  of  edu- 
cation) for  the  purpose  of  taking  the  sense  of  such  corporation  upon  the  ques- 


42  SOUTH  DAKOTA  SCHOOL  LAWS 

tion  of  issuing  such  bonds,  naming  in  the  proclamation  of  such  election  the 
amount  of  bonds  asked  for  and  the  purpose  for  which  they  are  to  be  used; 

Provided,  that  where  the  incorporation  is  not  organized  for  civil  govern- 
ment, the  board  of  education  may  call  and  conduct  the  election  provided  for 
in  this  section. 

§  196.  Bonds  Signed  by  President  and  Attested  by  Clerk]  The  bonds,  the 
issuing  of  which  is  provided  for  in  the  foregoing  section,  shall  be  signed  by 
the  president,  attested  by  the  clerk,  and  countersigned  by  the  treasurer  of 
the  board  of  education,  and  said  bonds  shall  specify  the  rate  of  interest,  and 
the  time  when  the  principal  and  interest  shall  be  paid,  and  each  bond  so 
'issued  shall  be  for  a  sum  not  less  than  fifty  dollars,  but  no  corporation  shall 
issue  bonds  in  pursuance  of  this  act  in  any  sum  (including  other  indebtedness) 
exceeding  five  per  cent  of  its  assessed  valuation. 

§  197.  Tax  Levy  to  Pay  Bonds  and  Interest]  The  board  of  education 
at  the  time  of  its  annual  levy  of  taxes  for  the  support  of  schools  as  herein 
provided  shall  also  levy  a  sufficient  amount  to  pay  the  interest  as  the  same 
accrues  on  all  bonds  issued  under  the  provisions  of  this  article  and  also  to 
create  a  sinking  fund  for  the  redemption  of  said  bonds,  which  it  shall  levy 
and  collect  in  addition  to  the  rate  per  cent  authorized  by  the  provisions  afore- 
said for  school  purposes  and  said  amount  of  funds  when  paid  into  the  treasury 
shall  be  and  remain  a  specific  fund  for  said  purpose  only  and  shall  not  be  ap- 
propriated in  any  other  way  except  as  hereinafter  provided. 

§  198.  Bonds  Issued  Hereafter]  Any  school  district  which  shall  here- 
after issue  bonds  shall  at  or  before  the  time  of  so  doing  pi'ovide  for  the  levy 
of  an  annual  tax  sufficient  to  pay  the  interest  and  principal  when  due,  and  such 
levy  shall  be  irrepealable  until  such  debt  is  paid; 

Provided  that  such  levy  shall  not  exceed  fifteen  per  cent  in  any  one  year 
of  the  debt  to  be  paid.  All  mon«y  raised  for  the  purpose  of  creating  a  sinking 
fund  for  the  final  redemption  of  all  bonds  issued  under  the  provisions  of  this 
article  shall  be  invested  annually  by  the  board  of  education  in  bonds  of  the 
state  of  South  Dakota  or  of  the  United  States,  or  the  board  may  buy  and 
cancel  the  bonds  of  the  district  whenever  such  may  be  purchased  at  or  below 
par,  or  to  purchase  its  outstanding  registered  warrants  that  will  be  paid  prior 
to  the  time  such  bonds  will  become  due. 

Wilson  vs.  Board  of  Education,  12  S.  D.  535. 

§  199.  Interest  Coupons]  Whenever  the  interest  coupons  of  the  bonds 
hereinbefore  authorized  shall  become  due,  they  shall  be  promptly  paid  by 
the  treasurer,  upon  presentation,  out  of  money  in  his  hands  collected  for  that 
purpose,  and  he  shall  endorse  upon  the  face  of  such  coupon  in  red  ink  the 
word  "Paid"  and  the  date  of  payment,  and  sign  the  initials  of  his  name. 

§  200.  School  Property  Pledged  for  Indebtedness]  The  school  fund  and 
property  of  such  civil  corporation  and  territory  attached  for  school  purposes  is 
hereby  pledged  for  the  payment  of  the  principal  and  interest  of  the  bonds 
mentioned  in  this  article  as  the  same  may  become  due. 

§  201.  Bonds  and  Warrants  Registered]  It  shall  be  the  duty  of  the  clerk 
of  the  board  of  education  to  register  in  a  book  provided  for  that  purpose  the 
bonds  issued  under  the  provisions  of  this  article,  and  all  warrants  issued  by 
the  board,  which  registration  shall  show  the  number,  date  and  amount  of  said 
bonds  and  warrants  and  to  whom  made  payable. 

§  202.  Expenditures  of  Funds  Regulated]  No  expenditure  involving  an 
amount  greater  than  one  hundred  dollars  shall  be  made  except  in  accordance 
with  the  provisions  of  a  written  contract,  and  no  contract  involving  the  ex- 
penditure of  more  than  five  hundred  dollars  for  the  purpose  of  erecting  any 
public  building  or  making  any  improvements  shall  be  made  except  upon  sealed 
proposals  and  to  the  lowest  responsible  bidder. 

§  203.  No  Sectarian  Doctrine]  No  sectarian  doctrine  may  be  taught  or 
inculcated  in  any  of  the  schools  of  the  corporation,  but  the  Bible,  without  sec- 
tarian comment,  may  be  read  therein. 


SOUTH   DAKOTA   SCHOOL   LAWS  43 

§  204.  Examining  Committee  in  Cities]  The  board  of  education  in  cities 
of  tlie  first  and  second  class  at  such  times  as  they  shall  deem  expedient,  shall 
elect  a  superintendent  of  schools,  in  no  case  a  member  of  their  own  body, 
whose  duty  it  shall  be  to  have  general  supervision  of  the  schools  of  the  cor- 
poration, subject  to  the  rules  and  regulations  of  the  board,  who  shall  hold  his 
office  during  the  pleasure  of  the  board,  and  shall  receive  such  compensation  as 
the  board  may  allow. 

The  board  shall  also  appoint  two  competent  persons  who,  with  the  super- 
intendent as  chairman,  shall  be  styled  the  examining  committee  of  the  board 
of  education. 

Provided:  That  the  examining  committees  in  cities  of  the  first  class  shall 
have  the  power  to  examine  teachers  for  their  own  schools  and  to  issue  cer- 
tificates authorizing  persons  to  teach  therein  in  accordance  with  rules  fixing 
the  conditions  for  issuance  of  such  certificates  as  may  be  adopted  by  the 
board  of  education;  and  such  certificates  shall  be  the  sole  license  required  by 
law  to  teach  in  such  cities.  Provided  that  the  examination  papers  and  certi- 
fied copies  of  credentials  upon  which  such  certificates  were  issued  shall  be 
liept  on  file  in  the  office  of  the  clerk  of  the  board  of  education. 

The  principal  or  superintendent  of  schools  of  all  independent  districts  em- 
ploying such  officer,  and  in  such  independent  districts  as  do  not  employ  such 
an  officer,  the  county  superintendent  alone,  shall  examine  all  teachers  employed 
to  teach  in  the  schools  of  any  city,  town  or  other  independent  district,  the 
same  as  other  teachers  of  the  county  are  examined  except  as  hereinafter  pro- 
vided, and  no  city  superintendent  or  principal  shall  be  employed  who  does 
not  hold  a  first  grade  or  state  certificate  or  a  state  diploma.  In  no  case  shall 
any  teacher  be  employed  to  teach  in  such  schools  who  does  not  hold  a  certifi- 
cate as  above  provided,  or  a  state  certificate,  or  a  state  diploma;  and  any 
contract  made  contrary  to  the  above  is  hereby  declared  void. 

The  above  provisions  shall  be  construed  as  giving  the  examining  com- 
mittee of  the  board  of  education  in  cities  of  the  first  class,  and  the  superin- 
tendent or  principal  of  schools  of  any  city  or  town,  or  other  independent  dis- 
trict, advisory  power  in  the  examination  of  teachers  for  their  respective  schools, 
and  they  may  add  such  questions  as  they  may  deem  wise  in  the  examination 
in  order  to  test  the  qualifications  of  teachers  for  any  particular  grade  or  special 
work. 

In  cities,  towns  or  other  independent  districts  other  than  cities  of  the  first 
class  the  superintendent  of  schools  may  endorse  his  approval  upon  a  teacher's 
county  certificate  or  he  may  issue  a  special  statement  or  certificate  in  regard 
thereto.  In  cities  of  the  first  class  such  endorsement  on  a  teacher's  county 
certificate  or  such  special  statement  or  certificate  shall  be  signed  by  all  or 
a  majority  of  the  examining  committee  of  the  board  of  education  and  the  said 
statement  or  certificate  with  the  teacher's  county  certificate  shall  be  exhibited 
to  the  board  of  education  at  the  time  of  contracting  for  a  school. 

Provided,  no  teacher  who  holds  a  state  or  county  certificate  under  this 
article  is  excused  from  the  county  institute  except  for  good  and  valid  reasons. 

Provided,  further,  that  the  city  superintendent  shall  revoke  the  certificates, 
issued  by  the  examining  committee  of  which  he  is  chairman,  of  those  persons 
who  do  not  attend  the  county  institute,  except  as  hereinbefore  provided. 

§  205.  Special  Acts  Not  Repealed]  Nothing  in  this  article  contained  shall 
be  construed  as  repealing  any  special  act  or  acts  or  any  portion  thereof,  cre- 
ating or  relating  to  any  schools  in  cities  or  towns  or  independent  school  dis- 
tricts. 

ARTICLE  XII 
School  Libraries 

§  206.  Library  Fund  Created]  The  county  treasurer  shall  withhold  from 
the  apportionment  received  from  the  interest  and  income  fund  or  other  income 
for  the  schools  of  his  county  annually  an  amount  equal  to  ten  cents  per  capita 


44  SOUTH   DAKOTA    SCHOOL   LAWS 

for  each  person  of  school  age,  which  money  shall  constitute  a  library  fund  and 
shall  be  used  in  the  purchase  of  library  books  as  hereinafter  provided. 

§  207.  County  Library  Board]  The  county  superintendent,  county  auditor, 
state's  attorney,  and  all  superintendents  of  city  schools,  and  principals  of 
schools  in  villages  employing  more  than  one  teacher,  shall  constitute  the 
county  library  board.  Annually,  between  the  first  day  of  July  and  the  first 
day  of  September,  the  county  library  board  shall  meet  at  the  call  of  the  county 
superintendent  who  shall  be  chairman  of  said  board,  and  expend  the  money, 
provided  for  in  the  preceding  section,  in  the  purchase  of  books  selected  from 
the  list  prepared  by  the  state  superintendent. 

§  208.  Librarian]  The  clerk  of  the  school  district  shall  act  as  librarian, 
and  shall  receive  and  have  the  care  and  custody  of  the  books,  and  shall  loan 
them  to  the  teachers,  pupils  and  other  residents  of  the  district  in  accordance 
with  the  regulations  prescribed  by  the  state  superintendent.  The  clerk  shall 
give  a  receipt  for  and  keep  a  record  of  the  books  received  from  the  county  li- 
brary board,  and  shall  include  in  his  annual  report  such  library  statistics  as 
the  state  superintendent  may  require.  During  the  time  the  school  is  in  ses- 
sion the  library  shall  be  placed  in  the  school  house,  and  the  teacher  shall  act 
as  librarian  under  the  supervision  of  the  district  clerk. 

§  209.  Book  Cases  Shall  be  Provided]  The  school  board  shall  provide 
suitable  cases  for  the  boolvs  in  each  school. 

§  210.  Library  Circuits]  The  county  library  board  shall  have  power  to 
designate  library  circuits,  each  composed  of  not  more  than  ten  schools.  When 
one  or  more  library  circuits  shall  have  been  organized,  it  shall  be  the  duty  of 
the  county  superintendent  to  employ  a  responsible  person  to  move  all  the  li- 
braries herein  provided  for.  These  removals  shall  be  made  in  January  and 
July  of  each  year,  and  in  such  order  as  the  county  superintendent  shall  direct, 
and  the  person  making  such  removal  shall  receive  therefor  ten  cents  per  mlie 
for  the  distance  necessarily  traveled  in  making  such  exchange.  Such  mileage 
shall  be  paid  by  the  county  treasurer  upon  warrant  issued  by  the  county  auditor, 
and  shall  be  charged  by  the  county  treasurer  pro  rata  to  the  various  school 
districts  affected.  Provided,  no  warrant  for  such  mileage  shall  issue,  except 
on  presentation  of  a  voucher  signed  by  the  county  superintendent.  "Pro- 
vided,, that  the  boards  of  education  in  cities  of  the  first  and  second  classes, 
may  select  such  books  as  they  may  deem  wise  and  shall  forward  a  list  of  such 
books  to  the  chairman  of  the  library  board." 

§  211.  Compensation  of  Members  of  Library  Board]  The  members  of 
the  county  library  board  shall  receive  no  compensation.  The  expense  of  post- 
age, express  and  freight  necessarily  incurred  by  the  county  board  in  securing 
the  books  shall  be  a  charge  upon  the  library  fund  provided  for  in  section  206. 

§  212.  Warrants  Upon  Library  Fund]  The  county  treasurer  shall  pay  out 
money  in  the  library  fund  upon  vouchers  signed  by  the  county  superintendent 
and  the  county  auditor. 


ARTICLE  XIII 

Township  High  Schools 

§  213.  Election]  Upon  the  petition  of  not  less  than  fifty  freeholders  of 
any  civil  township  filed  with  the  township  clerk  at  least  fifteen  days  preceding 
the  regular  election  of  township  supervisors,  it  shall  be  the  duty  of  the  said 
clerk  to  notify  the  voters  of  said  township  that  an  election  for  or  against  a 
township  high  school  will  be  held  at  the  said  next  regular  election  of  township 
supervisors  by  posting  notices  of  such  election  in  three  public  places  through- 


SOUTH   DAKOTA   SCHOOL  LAWS  45 


out  such  township  for  at  least  ten  days  before  the  election,  which  notices  may 
be  in  ihe  following  form,  viz: 

High  School  Election 

Notice  is  hereby  given  that  on  Tuesday,  the day  of  March,  A.  D. 

an  election  will  be  held  at for  the  purpose  of  voting 

for  or   against   the   proposition   to   establish   a   township   high   school,    for   the 

benefit  of  the  township  No range  No The  polls  for  said  election 

will  be  open  at and  close  at o'clock  on  said  day. 

Township  Clerk. 
§  214.     Ballots]     The  ballots  for  such  election  shall  be  received  and  can- 
vassed as  in  other  township  elections. 

§  215.  Township  Board  of  Education]  If  a  majority  of  the  voters  at 
such  election  shall  be  found  to  be  in  favor  of  establishing  a  township  high 
school,  it  shall  be  the  duty  of  the  supervisors  of  the  township  to  call  a  special 
election  on  any  Tuesday  within  sixty  days  of  the  time  of  the  election  estab- 
lishing the  township  high  school  for  the  purpose  of  electing  a  township  board 
of  education,  to  consist  of  three  members,  to-wit:  one  director,  one  clerk,  one 
treasurer;  notice  of  which  election  shall  be  given  for  the  same  time  and  in  the 
same  manner  as  provided  for  in  the  election  of  township  supervisors.  The 
members  elected  shall  determine  by  lot  at  their  first  meeting  the  length  of  term 
each  is  to  serve.  One  of  the  members  shall  serve  for  one  year,  one  for  two 
years,  and  one  for  three  years,  from  the  second  Tuesday  of  July  next  succeed- 
ing their  election.  Successors  shall  be  elected  at  the  same  time  and  place  as 
the  regular  township  elections  are  held.  Whenever  a  vacancy  occurs  the 
county  superintendent  shall  appoint  a  successor  who  shall  serve  until  a  suc- 
cessor is  elected  and  qualified.  Within  thirty  days  after  the  election,  the  mem- 
bers elect  of  the  township  board  of  education  shall  qualify  by  making  oath 
that  they  will  support  the  constitution  of  the  United  States,  the  constitution 
of  the  state  of  South  Dakota,  and  faithfully  discharge  the  duties  of  their  trust. 
Each  member  shall  further  qualify  by  giving  a  bond  to  the  high  school  town- 
ship; the  director  in  the  penal  sum  of  one  hundred  dollars,  the  clerk  in  the 
penal  sum  of  two  hundred  dollars,  and  the  treasurer  in  such  sum  as  may  be 
fixed  by  the  clerk  and  director,  but  not  less  than  double  the  sum  of  the  moneys 
as  nearly  as  can  be  ascertained  to  come  into  his  hands  in  any  one  year.  The 
bonds  of  the  clerk  and  director  shall  be  signed  by  at  least  one  surety,  and  that 
of  the  treasurer  shall  have  at  least  two  sureties.  The  bonds  of  each  officer 
shall  be  approved  by  the  other  two  members  of  the  board.  Said  bonds  shall 
be  conditioned  that  he  will  faithfully  perform  his  duties  as  a  member  of  the 
township  board  of  education,  and  account  for  any  moneys  or  property  of  such 
high  school  township  that  may  come  into  his  hands  or  care.  Said  oath  shall 
be  in  writing  and  may  be  taken  before  any  one  qualified  to  administer  oaths 
under  the  law  of  the  state,  and  said  oaths  and  bonds  of  the  members  of  the 
first  board  shall  be  approved  by  the  township  clerk.  All  bonds  of  the  board  of 
education  shall  be  filed  with  the  auditor  of  the  county  wherein  such  high 
school  township  is  organized.  Failure  to  qualify  within  thirty  days  shall  ipso 
facto  create  a  vacancy. 

§  216.  Duties  of  Township  Boards  of  Education]  It  shall  be  the  duty  of 
the  township  board  of  education  to  establish  at  some  central  point  most  con- 
venient to  a  majority  of  the  pupils  of  the  township  a  high  school  for  the  edu- 
cation of  the  more  advanced  pupils.  They  shall  have  charge,  direction  and 
management  of  the  high  school  of  the  township,  and  the  care,  custody  and 
control  of  all  the  property  belonging  to  it.  They  shall  assist  and  co-operate 
with  the  teacher  or  teachers  in  the  government  and  discipline  of  the  school 
and  may  make  proper  rules  and  regulations  therefor.  They  may  suspend  or 
expel  from  school  any  person  insubordinate  or  habitually  disobedient;  pro- 
vided that  such  suspension  shall  not  be  for  a  shorter  period  than  ten  days, 
nor  beyond  the  end  of  the  current  term  of  school. 


46  SOUTH  DAKOTA  SCHOOL  LAWS 

§  217.  Union  of  Two  or  More  Townships]  In  like  manner  the  voters  and 
supervisors  of  two  or  more  adjoining  townships  may  co-operate  in  the  estab- 
lishment and  maintenance  of  a  high  school  on  such  terms  as  they  may,  by 
written  agreement  made  and  signed  by  the  boards  of  supervisors,  enter  into. 

§  218.  Discontinuance  of  a  Township  High  School]  When  any  township 
or  townships  shall  have  organized  a  high  school  and  wish  to  discontinue  the 
same,  upon  petition  of  not  less  than  a  majority  of  the  legal  voters  of  said 
township  or  townships,  filed  with  the  township  clerk  or  clerks  of  said  town- 
ship or  townships,  at  least  fifteen  days  preceding  the  regular  election  of  super- 
visors, it  shall  be  the  duty  of  said  clerks  to  notify  the  voters  of  the  township 
that  an  election  will  be  held  on  the  day  of  said  regular  election  of  supervisors 
for  the  purpose  of  voting  for  or  against  discontinuing  the  township  high  school, 
which  notice  shall  be  given  in  the  same  manner  and  for  the  same  length  of 
time,  and  may  be  in  substantially  the  same  form  as  the  notice  provided  for  in 
section  213  of  this  act. 

§  219.  The  ballots  for  such  election  shall  be  received  and  canvassed  in 
the  same  manner  as  provided  for  in  section  214  of  this  act.  If  a  majority  of 
the  votes  cast  at  such  election  shall  be  in  favor  of  discontinuing  the  high  school, 
it  shall  be  the  duty  of  the  board  of  education  to  discontinue  the  same,  and  turn 
all  the  assets  of  said  high  school  into  money  and  deposit  the  same  in  the  county 
treasury  to  the  credit  of  the  school  funds  of  the  various  districts  or  parts  of 
districts  embraced  within  such  high  school  township  or  townships,  in  propor- 
tion to  the  assessed  valuation  of  such  districts  or  parts  of  districts  to  be  used 
for  general  school  purposes. 

§  220.  Meetings  of  Board  of  Education]  The  regular  meetings  of  the 
board  of  education  for  the  transaction  of  business  shall  bie  on  the  second 
Tuesday  of  July,  the  last  Tuesday  of  November  and  March,  at  such  hour  and 
place  as  may  be  fixed  by  the  board  of  education;  provided  that  the  clerk  of  the 
board  shall,  when  requested  by  the  majority  of  the  board  call  a  special  meet- 
ing at  any  time,  by  giving  written  notice  to  each  member  of  the  board  at  least 
three  days  prior  to  the  meeting. 

§  221.  Tax  Levy]  The  board  of  education  shall  have  power  to  levy  upon 
the  property  of  the  township  a  tax  for  high  school  purposes  of  not  exceeding 
ten  mills  on  the  dollar  in  any  one  year,  which  levy  shall  be  made  by  resolu- 
tion of  that  board  at  their  regular  July  meeting.  The  clerk  shall  immediately 
thereafter  notify  in  writing  the  county  auditor  of  the  tax  so  levied.  The  board 
o&  education  shall  have  power  and  may  direct  the  removal  of  the  school  house 
to  a  more  convenient  location  upon  the  petition  of  two-thirds  of  the  electors 
of  the  entire  school  township. 

§  222.  Corporate  Name  and  Powers]  Every  civil  township  organized  for 
the  purpose  of  establishing  a  township  high  school  under  this  act,  shall  be 
and  is  hereby  constituted  a  corporation  for  high  school   purposes,  under  the 

name  of  the  civil  township,  the  territory  of  which  it  comprises,  e.  g 

High  School  Township,  and  may  under  its  name  sue  and  be  sued,  contract  and 
be  contracted  with,  purchase,  hold  and  use  personal  and  real  property  for  the 
purpose  mentioned  in  this  act. 

§  223.  School  Board  as  Board  of  Education]  Where  the  school  township 
system  now  exists  the  school  township  board  shall  assume  the  duties  of  the 
board  of  education  herein  provided  for. 

§  224.  Salary  of  Board]  Members  of  the  board  of  education  provided  for 
in  section  215  of  this  act,  shall  receive  a  salary  of  $1.50  per  diem  for  each 
day  actually  §pent  in  the  interest  of  the  school  district;  provided,  such  salary 
shall  not  exceed  twenty-five  dollars  per  member  in  any  one  year. 


SOUTH   DAKOTA   SCHOOL   LAWS  47 


ARTICLE  XIV 

Uniformity  of  School  Text  Books 

§  225.  County  Board  of  Education]  .The  county  superintendent  of  schools, 
the  president  of  the  board  of  education  of  all  cities  or  towns,  the  county  auditor, 
the  county  state's  attorney,  the  board  of  county  commissioners,  their  succes- 
sors in  office  and  one  person  from  each  commissioner's  district  who  shall  be 
selected  by  the  members  of  the  school  board  of  such  commissioner's  district 
present  at  a  meeting  to  be  called  by  the  county  superintendent,  shall  constitute 
the  county  board  of  education  of  each  county  in  this  state  for  the  purpose  of 
selecting  and  adopting  all  the  text  books  needed  for  use  in  public  schools  in 
the  county.  The  county  superintendent  of  schools  shall  in  all  cases  be  chair- 
man of  the  county  board  of  education,  and  the  county  auditor,  secretary;  and 
a  majority  of  said  board  shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness. 

§  226.  Meeting  of  County  Board  of  Education]  The  county  board  of  edu- 
cation shall  meet  at  the  office  of  the  county  superintendent  of  schools  of  each 
county  of  the  state  on  the  second  Tuesday  of  June,  1907,  and  every  five  years 
thereafter  and  select  and  adopt  a  complete  series  of  school  text  books  to  be 
used  in  all  the  schools  of  the  county;  provided,  that  nothing  in  this  article  shall 
be  construed  to  prevent  any  county  board  of  education  from  selecting  a  series 
of  text  books  from  two  or  more  publishers;  provided,  further,  that  the  board 
of  education  in  cities  and  towns  may  adopt  other  or  additional  books  by  the 
same  or  other  authors.  The  county  board  of  education  shall  advertise  for 
twenty  days  in  a  newspaper  published  in  each  county  that  at  a  time  and  place 
named  in  said  notice  said  board  will  receive  sealed  bids  for  furnishing  school 
books  to  the  pupils  of  all  public  schools  in  the  county  as  provided  in  this 
article  for  a  term  of  five  years.  Other  necessary  books  shall  be  purchased  and 
contracted  for  at  the  same  time. 

§  227.  Duties  in  Selecting  Text  Books]  Before  selecting  and  adopting 
school  text  books  in  accordance  with  the  provisions  of  this  article,  it  shall  be 
the  duty  of  said  board  of  education  to  take  into  consideration  the  books  used 
in  the  county,  and  all  books  submitted  by  publishers,  and  most  carefully  con- 
sider the  price,  the  type,  the  material,  the  binding  and  other  items  that  go  to 
make  up  a  desirable  text  book,  and  no  text  book  shall  be  adopted  whose  price 
is  above  the  contract  or  wholesale  price  at  which  said  books  were  furnished  to 
any  other  state,  county  or  school  corporation  in  the  United  States  during  the 
year  previous  to  such  adoption.  The  county  superintendent  shall  annually  at 
the  close  of  the  year  make  a  report  to  the  county  board  of  education  as  to  the 
operation  of  the  school  book  contract. 

§  228.  Notice  of  Meeting]  The  county  superintendent  shall  notify  each 
member  of  the  county  board  of  education  in  writing  of  the  time  and  place  of 
meeting  at  least  ten  days  before  the  date  of  said  meeting,  and  he  shall  prepare 
and  furnish  such  information  as  shall  assist  the  board  in  acting  for  the  best 
interests  of  the  people. 

§  229.  Contract  for  Books  and  Designation  of  Depositories]  The  board 
of  county  commissioners  shall  contract  with  the  publishers  of  such  books  as 
have  been  adopted  by  the  county  board  of  education  designating  the  price  at 
which  such  books  shall  be  furnished  to  them  or  to  their  authorized  agents, 
and  they  shall  designate  a  depository  for  each  school  corporation  in  the  county 
where  school  books  shall  be  sold  to  pupils  at  not  more  than  ten  per  cent  above 
cost,  they  shall  pay  for  the  books  and  transportation  of  the  same,  so  con- 
tracted for,  out  of  the  general  fund,  on  warrants  signed  by  the  county  auditor 
and  countersigned  by  the  chairman  of  the  board  of  county  commissioners; 

Provided,  that  the  same  depository  may  be  designated  for  one  or  more 
school  corporations. 


48  SOUTH  DAKOTA  SCHOOL  LAWS 

§  230.  Provisions  Contained  in  Contract]  Tlie  following  shall  constitute 
a  part  of  every  contract  with  publishers  as  provided  in  this  article,  whether 
contained  in  such  contract  or  not;  whenever  the  state  of  South  Dakota  shall 
have  published  a  sufficient  number  of  text  books  used  in  the  public  schools  of 
the  state,  to  supply  the  schools,  of  any  county  in  the  state,  upon  notice  given 
by  the  governor  to  the  county  auditor  of  any  county  this  contract  shall  be  void 
as  far  as  it  relates  to  such  book,  and  the  county  auditor  shall  immediately 
notify  the  publishers  holding  such  contract.  The  county  commissioners  of 
such  county  shall  forthwith  supply  all  the  schools  of  said  county  with  the 
books  printed  by  the  state.  The  auditor  of  said  county  shall  on  or  before  the 
11th  day  of  each  calendar  month  send  moneys  for  all  state's  books  sold,  to 
the  state  treasurer,  together  with  such  reports  as  the  governor  of  the  state 
may  direct. 

§  231.  Bond  of  Depository]  The  board  of  county  commissioners  may 
require  a  good  and  sufhcient  bond  from  each  depository  designated  by  them  as 
their  agent,  and  such  agent  shall  be  required  to  file  a  statement  with  the  county 
auditor  on  or  before  the  first  day  of  January,  April,  July,  and  October,  showing 
the  number  and  kinds  of  books  sold  by  him,  and  the  number  and  kinds  of 
books  on  hand  in  such  depository  on  the  last  day  of  the  preceding  month,  and 
all  moneys  due  the  county  by  such  depository  shall  be  paid  into  the  county 
treasury  at  the  time  of  filing  such  statement.  The  county  auditor  shall  supply 
each  depository  with  proper  blanks  for  making  such  report. 

§  232.  List  of  Books  for  Each  School]  The  county  board  of  education 
shall  furnish  a  printed  list  of  books  adopted  designating  the  retail  price  of  each, 
and  supply  one  or  more  copies  to  each  school  corporation  and  to  each  depository 
designated.  The  secretary  or  clerk  of  each  school  corporation  shall  post  said 
price  list  in  each  room  under  his  supervision. 

§  233.  Free  Text  Books]  Upon  a  written  petition  of  a  majority  of  the 
electors  of  any  school  corporation  asking  that  the  school  books  be  furnished 
free  to  the  pupils,  it  shall  be  the  duty  of  said  board  to  arrange  and  furnish  the 
free  use  of  books  to  the  pupils  of  such  corporation  under  such  rules  and  regu- 
lations as  the  school  board  may  determine. 

§  234.  Book  Case]  Said  school  board  must  procure  a  safe  book  case  in 
which  said  books  shall  be  kept  whenever  it  shall  have  decided  to  supply  its 
school  books  direct  to  the  pupils,  and  a  careful  invoice  must  be  reported  at 
the  close  of  each  term  by  the  secretary.  The  books  shall  remain  the  property 
of  the  school  corporation  and  can  only  be  used  on  order  of  the  board. 

§  235.  Books  Adopted  for  Five  Years]  Books  once  adopted  or  contracted 
for  under  the  provisions  of  this  article,  shall  not  be  changed  for  a  period  of 
five  years,  except  as  heretofore  provided,  and  on  the  request  of  at  least  two- 
thirds-  of  the  school  boards  of  the  county. 

§  236.  Prohibition  on  Teachers]  No  school  teacher,  county  or  city  super- 
intendent, or  member  of  any  county  board  of  education  within  the  state  of 
South  Dakota  shall  be  allowed  to  receive  any  emolument,  cash  or  otherwise, 
from  any  publisher  or  publishers,  of  school  books,  in  payment  for  a  vote  or 
a  promise  to  vote  for  or  use  their  influence  for  any  book  or  books  to  be  used 
in  the  schools  under  their  charge.  Neither  shall  any  agent  or  other  person  be 
allowed  to  give  or  offer  any  emolument  as  heretofore  described  nor  promise 
of  work  nor  other  inducement  to  any  teacher,  county  or  city  superintendent, 
or  member  of  any  county  board  of  education,  or  other  board  of  education  for 
any  vote  or  promise  to  vote,  or  to  use  their  influence  for  any  book  or  books 
to  be  used  in  the  school  under  their  charge; 

Provided,  that  nothing  in  this  section  shall  be  construed  to  prevent  any 
school  official  from  receiving  a  reasonable  number  of  sample  copies  for  inves- 
tigation, with  a  view  to  obtain  information  as  to  the  book  or  series  of  books 
for  which  such  official  shall  cast  his  vote; 


SOUTH   DAKOTA   SCHOOL  LAWS  49 

Provided,  further,  that  nothing  in  this  section  shall  be  construed  to  pre- 
vent any  teacher  from  obtaining  employment  from  any  publishing  house,  in 
schools  not  under  their  direct  charge.  Any  person  violating  the  provisions  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor. 

Provided,  that  there  shall  be  exempted  from  the  provisions  of  this  article 
all  school  corporations  of  cities  owning  and  using  a  system  of  text  books. 


ARTICLE  XV 

§  237.  Plans  for  School  Buildings  Approved  by  State  Superintendent]  In 
order  that  due  care  may  be  exercised  in  the  heating,  lighting  and  ventilation 
of  public  school  buildings  hereafter  erected,  no  school  house  shall  be  erected 
by  any  board  of  education  or  school  district  board  in  this  state  until  the  plans 
and  specifications  for  the  same  showing  in  detail  the  proper  heating,  lighting 
and  ventilation  of  such  building  shall  have  been  approved  by  the  superintend- 
ent of  public  instruction. 

School  houses  shall  have  in  each  class  room  at  least  fifteen  square  feet  of 
floor  space,  and  not  less  than  two  hundred  cubic  feet  of  air  space  per  pupil,  and 
shall  provide  for  an  approved  system  of  heating  and  ventilation  by  means  of 
which  each  class  room  shall  be  supplied  with  fresh  air  at  the  rate  of  not  less 
than  thirty  cubic  feet  per  minute  for  each  pupil,  and  have  a  system  of  heating 
capable  of  maintaining  an  average  temperature  of  seventy  degrees  Fahrenheit 
during  the  coldest  weather. 


ARTICLE  XVI 

§  238.  Study  of  Physiology  and  Hygiene  in  the  Public  Schools]  In  addi- 
tion to  the  branches  in  which  instruction  is  now  required  by  law  to  be  given 
in  all  schools  supported  wholly  or  in  part  by  public  money,  instruction  shall 
also  be  given  as  to  the  nature  of  alcoholic  drinks  and  narcotics,  and  special 
instruction  as  to  their  effects  upon  the  human  system,  in  connection  with  the 
several  divisions  of  the  subject  of  relative  physiology  and  hygiene.  And  such 
subjects  shall  be  taught  as  thoroughly  as  arithmetic  and  geography  are  taught 
in  said  schools.  Such  instruction  shall  be  given  orally  to  pupils  who  are 
not  able  to  read,  and  shall  be  given  by  the  use  of  text  books  in  the  case  of 
pupils  who  are  able  to  read.  And  such  instruction  shall  be  given  as  aforesaid 
to  all  pupils  in  all  public  schools  in  the  state. 

§  239.  The  text  books  used  for  the  instruction  required  to  be  given  by 
the  preceding  section  shall  give  about  one-fourth  of  their  space  to  the  consid- 
eration of  the  nature  and  effects  of  alcoholic  drinks  and  narcotics;  and  the 
books  used  in  the  highest  grade  of  graded  schools  shall  contain  at  least 
twenty  pages  of  matters  relating  to  this  subject,  but  no  book  in  which  the 
required  amount  of  this  subject  shall  appear  in  whole  or  in  part  as  a  separate 
chapter  at  the  end  of  the  book  shall  be  considered  as  complying  with  the  re- 
quirements of  this  statute.  Text  books  on  physiology  in  use  in  the  schools  at 
the  time  this  act  takes  effect,  which  are  not  in  accordance  with  the  require- 
ments of  this  section,  shall  be  changed  for  books  satisfying  the  requirements 
of  this  section  except  when  previous  contracts  as  to  such  text  books  are  now 
in  force. 

§  240  No  certificate  shall  be  granted  to  any  person  to  teach  in  the  public 
schools  of  the  state  or  in  any  of  the  educational  institutions  receiving  money 
from  the  state,  after  the  first  Monday  of  July,  A.  D.  nineteen  hundred  six  (1906), 
who  has  not  passed  a  satisfactory  examination  in  physiology  and  hygiene,  with 
special  reference  to  the  effects  of  alcoholic  drinks,  stimulants  and  narcotics 
upon  the  human  system. 


50  SOUTH  DAKOTA  SCHOOL  LAWS 

§  241.  And  be  it  enacted,  that  it  shall  be  the  duty  of  county  and  city  su- 
perintendents and  boards  of  all  educational  institutions  receiving  aid  from  the 
state  to  report  to  the  state  superintendent  of  public  instruction  any  failure 
or  neglect  on  the  part  of  the  boards  of  school  trustees,  boards  of  education  and 
boards  of  all  educational  institutions  receiving  aid  from  the  state  to  make 
proper  provision,  in  any  and  all  the  schools  under  their  jurisdiction,  for  instruc- 
tion in  the  nature  of  alcoholic  drinks  and  narcotics  and  their  effect  upon  the 
human  system,  in  connection  v/ith  the  several  divisions  of  the  subject  of  rela- 
tive physiology  and  hygiene,  as  required  by  this  act;  and  such  failure  on  the 
part  of  trustees,  boards  of  education  and  boards  of  educational  institutions  re- 
ceiving money  from  the  state,  thus  reported  or  otherwise  satisfactorily  proved, 
shall  be  deemed  sufficient  cause  for  which  the  warrant  shall  be  withheld  for 
the  state  appropriation  of  school  money  to  which  such  district  or  educational 
institution  would  otherwise  be  entitled. 


ARTICLE  XVII 

School  Corporations 

§  242.  Relating  to  Independent  School  Districts]  All  independent  school 
districts  organized  as  independent  school  districts  by  special  act  or  charter, 
that  at  the  time  of  organization  included  within  their  boundaries  an  incorpo- 
rated city,  town  or  village  organized  by  special  act  or  charter,  that  has  subse- 
quently organized  and  is  now  a  city  under  the  general  law  for  the  government 
of  cities,  and  such  independent  school  district  has  continued  to  act  under 
the  special  act  or  charter  organizing  said  independent  school  district,  shall  re- 
organize and  be  governed  by  the  general  law  for  the  government  of  schools 
in  cities  and  towns  and  adjacent  territory  organized  as  independent  school  dis- 
tricts. 

§  243.  The  boundaries  of  such  independent  school  districts  shall  remain 
the  same  as  under  the  special  act  or  charter  unless  changed  in  accordance 
with  the  provisions  of  law  for  changing  the  boundaries  of  such  independent 
school  districts.  Provided,  this  act  shall  not  apply  to  any  independent  school 
district,  any  part  of  which  is  in  more  than  one  county. 

§  244.  That  whenever  the  city  within  the  boundaries  of  any  such  school 
district  is  divided  into  wards,  it  shall  be  the  duty  of  the  council  of  said  city,  on 
or  before  the  first  Monday  in  April,  1905,  to  attach  to  said  wards  the  adjacent 
territory  within  said  independent  school  district,  and  not  within  the  limits  of 
said  city,  and  at  the  ensuing  city  election  there  shall  be  elected  a  board  of  edu- 
cation as  provided  for  by  article  eleven  of  this  act.  The  board  of  education 
so  elected  shall  meet  and  organize  on  the  first  Monday  succeeding  their  elec- 
tion and  shall  at  said  meeting  determine  by  lot  which  of  said  members  shall 
hold  for  two  years  and  which  for  one  year.  That  after  said  organization  said 
independent  school  district  shall  be  deemed  to  be  organized  under  the  general 
law,  and  the  special  act  or  charter  organizing  said  independent  school  district 
shall  thereafter  and  thereby  be  annulled. 

Provided,  that  until  such  annuUment,  the  acts  of  the  officers  of  said  inde- 
pendent school  district  are  hereby  validated  and  legalized  and  the  reorgani- 
zation of  all  cities,  towns  and  villages  herein  referred  to  is  hereby  validated 
and  legalized. 

§  245.  It  being  one  of  the  purposes  of  this  act  to  rearrange,  collect  and 
codify  the  laws  of  the  state,  relating  to  public  schools,  therefore,  chapter  22  of 
the  Revised  Political  Code  of  1903,  of  South  Dakota,  and  chapters  75,  126,  127, 
128,  129,  130,  131,  132  and  133  of  the  Session  Laws  of  1903;  and  chapters  68, 
99,  100,  102,  103,  158  and  162,  of  the  Session  Laws  of  1905,  and  all  other  acts 
and  parts  of  acts  in  conflict  with  this  act,  are  hereby  repealed. 


SOUTH   DAKOTA   SCHOOL  LAWS  51 

CHAPTER  136— SESSION   LAWS  1907 

(H.  B.  136) 

PROVIDING  FOR  COMPULSORY  EDUCATION  FOR  INDIAN  CHILDREN 

AN  ACT  Entitled  an  Act  Compelling  the  Attendance  of  Indian  Children  at 
Schools  When  Tuition,  Lodging  and  Board  are  Furnished  at  the  Expense 
of  the  United  States. 

Be  it  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.  Must  Compel  Attendance  of  Indian  Child]  That  whenever  the  gov- 
ernment of  the  United  States  erects  or  causes  to  be  erected  and  maintained, 
a  school  for  general  educational  purposes  within  the  state  of  South  Dakota, 
and  the  expense  of  the  tuition,  lodging,  food  and  clothing  of  Indian  pupils 
therein  is  borne  by  the  United  States,  it  shall  be  compulsory  on  the  part  of 
every  parent,  guardian,  or  other  person  in  the  state  of  South  Dakota,  having 
control  of  an  Indian  child  or  children  between  the  ages  of  six  and  eighteen 
years,  eligible  to  attend  said  school,  to  send  such  child  or  children  to  said  school 
for  a  period  of  nine  months,  or  during  the  annual  term,  unless  such  child  or 
children  is  or  are  excused  from  such  attendance  by  the  county  superintendent 
of  schools  of  said  county  in  which  said  child  or  children  reside  and  a  certificate 
be  procured  from  the  county  superintendent  of  schools  showing  that  the  bodily 
or  mental  condition  of  such  child  or  children  has  been  and  is  such  as  to  pre- 
vent his  or  her  or  their  attendance  at  school  or  application  at  study  for 
the  period  required,  or  that  such  child  or  children  is  or  are  taught  in  the  public 
school,  private  school  or  other  school  in  such  branches  as  are  usually  taught 
in  the  public  schools;  provided,  that  in  case  the  government  of  the  United 
States  does  not  make  provision  for  the  free  transportation  of  such  child  or 
children  to  and  from  their  homes  to  said  school,  then  he,  she  or  they  shall 
not  be  liable  to  the  provisions  of  this  act,  unless  they  reside  less  than  ten  miles 
from  such  school. 

§  2.  Duty  of  Principal  or  Superintendent]  It  shall  be  the  duty  of  all 
principals  or  superintendents  of  the  school  or  schools  mentioned  in  this  act, 
before  attempting  to  enforce  the  provisions  of  the  act,  hereinafter  mentioned, 
to  serve,  or  cause  to  be  served,  a  demand  for  the  attendance  of  certain  children 
naming  them  and  also  designating  the  school  at  which  their  attendance  is 
required,  upon  the  parent,  guardian  or  other  person  having  charge  of  said  child 
or  children  as  may  be  eligible  to  attend  said  school  over  which  he  has  charge 
and  a  copy  of  this  act  on  such  parent,  guardian,  or  other  person  having  charge 
of  said  child  or  children  and  such  person  shall  within  ten  days  deliver  said 
child  or  children  at  said  school  or  to  the  principal  or  superintendent  thereof, 
or  furnish  satisfactory  proof  that  the  bodily  or  mental  condition  of  said  child 
or  children  will  not  admit  of  attendance. 

§  3.  Failure  to  Comply  With  Demand — Duty  of  Superintendent]  If  at  the 
expiration  of  ten  days  after  such  notice  or  demand,  the  parent,  guardian  or 
other  person  having  charge  of  said  child  or  children  shall  have  failed  or  refused 
to  comply  with  this  act,  the  principal  or  superintendent  shall  commence  pro- 
ceedings in  the  name  of  the  state  for  the  recovery  of  the  fine  hereinafter  pro- 
vided before  any  court  having  jurisdiction. 

§  4.  Penalty]  Any  parent,  guardian  or  other  person  having  control  or 
charge  of  any  Indian  child  or  children,  failing  to  comply  with  the  provisions 
of  thfs  act  shall  be  deemed  guilty  of  a  misdemeanor  and  shall  be  liable  to  a 
fine  of  not  less  than  ten  dollars  ($10)  nor  more  than  twenty-five  dollars  ($25), 
and  imprisonment  in  the  county  jail  for  fifteen  days  for  the  first  offense  and 
not  less  than  twenty-five  dollars  ($25)  nor  more  than  fifty  dollars  ($50)  and 
imprisonment  in  the  county  jail  for  thirty  days  for  the  second  offense  and  each 
subsequent  offense,  besides  the  cost  of  the  action.  It  is  provided  further,  that 
in  emergency  cases  proceedings  may  be  begun  at  the  expiration  of  three  days 


52  SOUTH   DAKOTA   SCHOOL   LAWS 

after  each  refusal  of  the  parent,  guardian  or  other  person  having  charge  or 
control  of  said  child  or  children  to  comply  with  the  demand  of  said  principal 
or  superintendent. 

§  5.  Fines — Where  Paid]  All  fines  collected  under  the  provisions  of  this 
act  shall  be  paid  into  the  county  treasury,  the  same  to  be  placed  to  the  credit 
of  the  general  school  fund. 

§  6.  Duty  of  Sheriffs  and  Officers]  It  shall  be  the  duty  of  all  sheriffs, 
constables,  policemen,  town  and  city  marshals  in  the  state  to  take  cognizance 
of  this  act  and  assist  principals  and  superintendents  of  schools  in  carrying 
out  its  provisions. 

§  7.  Violation — Penalty]  Any  person  or  persons  who  shall  directly  or  in- 
directly persuade,  advise  or  intimidate  in  any  manner,  the  parent,  guardian 
or  other  person  having  control  or  charge  of  any  Indian  child  or  children  from 
complying  with  the  demand  of  a  principal  or  superintendent  of  a  school  who 
is  endeavoring  to  carry  out  the  provisions  of  this  act  shall  be  guilty  of  the 
same  offense  and  shall  be  subject  to  the  same  penalty  as  the  parent  or  guardian; 
provided,  that  this  section  shall  not  apply  to  the  attorney  or  legal  adviser 
of  any  parent  or  guardian  in  giving  advice  in  his  legal  capacity. 

§  8.  Justices  of  Peace  to  Have  Jurisdiction]  Any  justice  of  the  peace 
within  the  county  where  the  child  or  children  live  shall  have  jurisdiction  to 
try  and  determine  action  brought  under  this  act. 

§  9.  Repeal]  All  acts  and  parts  of  acts  in  conflict  with  this  act  are 
hereby  repealed. 

Approved  March  8,  1907. 


CHAPTER  137— SESSION   LAWS  1907 

(S.  B.  132) 

PROVIDING  FOR  COMPULSORY  EDUCATION  FOR  THE  DEAF  AND  BLIND 

AN  ACT  Entitled  an  Act  for  the  Compulsory  Education  of  the  Deaf  and  Blind. 

Be  it  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.  Duty  of  County  Judge]  Whenever  complaint  is  made  by  the 
superintendent  of  the  South  Dakota  school  for  the  deaf  or  the  South  Dakota 
school  for  the  blind  or  by  any  other  person  before  any  county  judge  of  the 
state  of  South  Dakota,  that  any  deaf  or  blind  child  of  proper  age  is  being  de- 
prived of  proper  education,  by  the  refusal  or  neglect  of  its  parents,  guardian 
or  custodian,  and  it  shall  appear  that  such  deaf  or  blind  child  is  a  resident  of 
the  county  wherein  complaint  is  made,  it  shall  be  the  duty  of  such  judge  to 
summon  such  parents,  guardian  or  custodian  before  him;  and  if  any  material 
facts  are  disputed,  it  shall  be  the  duty  of  such  judge  to  summon  and  examine 
witnesses  as  to  the  facts,  and  if  proofs  be  sufficient  to  establish  the  facts  set 
forth  in  the  complaint,  or  the  facts  be  admitted,  said  county  judge  in  his  dis- 
cretion shall,  after  considering  the  welfare  of  such  child  and  the  welfare  of  its 
parents,  order  such  deaf  or  blind  child  sent  to  some  public  or  private  school 
for  the  education  of  the  deaf  or  blind  as  the  case  may  be,  but  in  no  case  so 
as  to  cause  any  expense  to  be  made  against  such  county  except  as  hereinafter 
provided. 

Approved  February  23,  1911. 

§  2.  Expense — By  Whom  Paid]  If  in  the  judgment  of  such  county  judge 
the  parents,  guardian  or  custodian,  are  properly  chargeable  with  the  expense 
of    transporting    such    child    to    such    institution    and    are    financially    able    to 


SOUTH   DAKOTA   SCHOOL   LAWS  53 

do  so,  then  the  said  county  judge  shall  order  and  adjudge  that  the  said  parents, 
guardians  or  custodian  shall  defray  such  expense,  but  if  otherwise  the  expense 
of  such  transportation  shall  be  paid  from  the  county  poor  fund  of  such  county. 

§  3.  Refusal  to  Obey]  Any  parent,  guardian  or  custodian  of  any  such 
deaf  or  blind  child  who  shall  refuse  or  neglect  to  obey  any  order  of  any  such 
county  judge  duly  made  as  provided  in  this  act  shall  be  deemed  guilty  of  a 
contempt  of  court  and  subject  to  the  penalties  thereof. 

§  4.  Duty  of  Superintendent  of  Schools]  It  shall  be  the  duty  of  every 
county,  or  city  superintendent  of  schools,  to  send  to  the  superintendent  of  the 
school  for  the  blind  at  Gary,  South  Dakota,  the  names  of  all  blind  children  of 
proper  school  age  residing  in  his  county  or  city;  and  to  send  to  the  superintend- 
ent of  the  school  for  the  deaf  at  Sioux  Falls,  South  Dakota,  the  names  of  all 
deaf  children  of  proper  age,  residing  in  his  county  or  city,  whenever  the  resi- 
dence of  such  defective  children  within  their  jurisdiction  becomes  known  to 
them,  and  the  said  superintendents  for  the  respective  institutions  for  the  blind 
and  deaf  shall  take  all  necessary  action  to  provide  that  such  defective  children 
shall  be  given  the  advantages  of  proper  education. 

§  5.  Repeal]  All  acts  and  parts  of  acts  in  conflict  with  this  act  are 
hereby  repealed. 

Approved  March  4,  1907. 


CHAPTER   138— SESSION   LAWS  1907 

(H.  B.  105) 

RELATING   TO    THE    CONSTRUCTION   AND   REPAIR    OP    PUBLIC    OR 
SCHOOL  BUILDINGS 

AN  ACT  Entitled  an  Act  for  the  Protection  of  the  State,  County,  Municipal 
Corporations  and  School  Districts  and  of  Persons  Furnishing  Materials  and 
Labor  for  the  Construction  or  Repair  of  Public  or  School  Buildings. 

Be  it  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.  Persons  May  Intervene  and  Become  Parties  to  an  Action — When] 
That  hereafter  any  person,  firm  or  corporation  entering  into  a  formal  contract 
with  the  state,  any  county  or  municipal  corporation,  school  district  or  inde- 
pendent school  district  in  the  state  of  South  Dakota  for  the  construction  of 
the  state  any  county  or  municipal  corporation  school  building,  or  for  repairs 
upon  any  school  building,  shall  be  required,  before  commencing  such  work  to 
execute  the  usual  penal  bond  for  the  faithful  performance  of  said  contract 
with  good  and  sufficient  sureties,  with  the  additional  obligation  that  such  con- 
tractor or  contractors  shall  promptly  make  payments  to  all  persons  supplying 
him  or  them  with  labor  and  materials  in  the  prosecution  of  work  provided  for 
in  such  contract;  and  any  person,  firm  or  corporation  who  has  furnished  labor 
or  materials  used  in  the  construction  or  repair  of  any  school  building  and  pay- 
ment for  which  has  not  been  made,  shall  have  the  right  to  intervene  and  be 
made  a  party  to  any  action  instituted  by  such  state,  county,  municipal  corpora- 
tion, school  district  or  independent  school  district  on  the  bond  of  the  con- 
tractor, and  to  have  their  rights  and  claims  adjudicated  in  such  action  and 
judgment  rendered  thereon,  subject,  however,  to  the  priority  of  the  claim 
and  judgment  of  such  state,  county,  municipal  corporation,  school  district,  or 
independent  school  district.  If  the  full  amount  of  the  liability  of  the  surety 
on  said  bond  is  insufficient  to  pay  the  full  amount  of  such  claim  and  demands, 
then,  after  paying  the  full  amount  due  such  state,  county,  municipal  corpora- 
tion,' school  district  or  independent  school  district,  the  remainder  shall  be  dis- 
tributed pro  rata  among  such  intervenors. 


54  SOUTH  DAKOTA  SCHOOL  LAWS 

§  2.  Suit  May  be  Brought — When]  If  no  suit  should  be  brought  by  such 
state,  county,  municipal  corporation,  school  district  or  independent  school  dis- 
trict within  six  months  from  the  completion  and  final  settlement  of  such  con- 
tract, then  the  person  or  persons  supplying  the  contractor  with  labor  and  ma- 
terials shall,  upon  application  therefor,  and  furnishing  affidavit  to  such  state, 
county,  municipal  corporation,  school  district  or  independent  school  district, 
that  labor  or  materials  for  the  prosecution  of  such  work  has  been  supplied, 
by  him  or  them  and  payment  for  which  has  not  been  made,  be  furnished  with 
a  certified  copy  of  said  contract  and  bond,  upon  which  he  or  they  shall  have 
a  right  of  action,  and  shall  be,  and  are  hereby,  authorized  to  bring  suit  in  the 
name  of  such  state,  county,  municipal  corporation,  school  district  or  inde- 
pendent school  district  in  the  circuit  court  in  the  county  in  which  said  contract 
was  to  be  performed  and  executed  and  not  elsewhere  for  his  or  their  use  and 
benefit,  against  said  contractor  and  his  sureties,  and  to  prosecute  the  same 
to  final  judgment  and  execution;  provided,  that  where  suit  is  instituted  by  any 
of  such  creditor  on  the  bond  of  the  contractor  it  shall  not  be  commenced 
until  after  the  complete  performance  of  said  contract  and  final  settlement 
thereof  and  shall  be  commenced  within  one  year  after  the  performance  and 
final  settlement  of  said  contract,  and  not  later;  and  provided,  further,  that 
where  suit  is  so  instituted  by  a  creditor  or  creditors  only  one  action  shall  be 
brought,  and  any  creditor  may  file  his  claim  in  such  action,  and  be  made  a 
party  thereto  within  one  year  from  the  completion  of  the  work  under  said  con- 
tract, and  not  later;  and  provided,  further,  that  costs  shall  not  be  taxed  in  said 
suit  against  such  state,  county,  municipal  corporation,  school  district  or  inde- 
pendent school  district.  If  the  recovery  on  the  bond  should  be  inadequate  to 
pay  the  amounts  found  due  all  such  creditors,  judgment  shall  be  given  to  each 
creditor  pro  rata  of  the  amount  of  the  recovery.  The  surety  on  such  bond 
may  pay  into  court  for  distribution  among  said  claimants  and  creditors  the 
full  amount  of  the  sureties'  liability,  to-wit:  the  penalty  named  in  the  bond, 
less  any  amount  which  said  surety  may  have  had  to  pay  to  such  state,  county, 
municipal  corporation,  school  district  or  independent  school  district  by  reason 
of  the  execution  of  said  bond,  and  upon  so  doing  the  surety  will  be  relieved 
from  further  liability;  provided,  further,  that  in  all  suits  instituted  under  the 
provisions  of  this  act  such  personal  notice  of  the  pendency  of  such  suit,  in- 
forming them  of  their  right  to  intervene,  as  the  court  may  order  shall  be  given 
to  all  known  creditors,  and  in  addition  thereto  such  notice  shall  be  given  by 
publication  in  some  newspaper  of  general  circulation,  published  in  the  county 
where  the  contract  is  being  performed  for  at  least  three  successive  weeks,  the 
last  publication  to  be  at  least  three  months  before  the  time  limited  therefor. 

Approved  March  4,  1907. 


CHAPTER  187— SESSION   LAWS  1907 

«  (H.  B.  267) 

AUTHORIZING  APPROPRIATION  OF  MONEY  FOR  EXPENSES  IN  OBSHRV- 
ANCE  OF  MEMORIAL  DAY 

AN  ACT  Entitled  an  Act  Authorizing  City  Councils  and  School  Boards  and 
County  Commissioners  to  Make  Appropriations  to  Defray  the  Necessary 
Expenses  Incident  to  the  Observance  of  Memorial  Day. 

Be  it  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.  Appropriation  Authorized]  That  the  city  councils  of  all  cities  within 
this  state,  the  school  boards  of  all  cities  within  this  state,  and  trustees  and 
school  boards  of  all  towns  and  villages,  and  the  county  commissioners  of  all 
counties  within  this  state,  are  hereby  authorized  and  empowered  in  their  dis- 


SOUTH   DAKOTA   SCHOOL   LAWS  55 


cretion,  to  appropriate  funds  for  the  purpose  of  defraying  the  necessary  ex- 
penses of  a  proper  observance  of  Memorial  Day  each  year. 

§  2.  Emergency]  There  being  no  law  on  this  subject  an  emergency  is 
deemed  to  exist,  and  this  act  shall  take  effect  from  and  after  its  passage  and 
approval. 

Approved  March  7,  1907. 


CHAPTER   19— SESSION    LAWS    1909 

(H.  B.  8) 

AN    ACT    Requiring   Instruction    of   Vocal    Music    in   the    State    Normals    and 
Public  Schools. 

Be  It  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.  The  elements  of  vocal  music,  including,  when  practical,  singing  of 
simple  music  by  note,  shall  be  taught  in  all  of  the  public  schools  of  South 
Dakota. 

§  2.  Music  shall  be  taught  by  instruction  in  all  of  the  state  normal  schools 
and  the  minimum  requirement  of  graduates  from  such  schools  must  be  at  least 
two  hours  per  week  for  one  school  year. 

§  3.  In  all  graded  schools  the  word  "graded"  is  intended  to  mean  all 
schools  having  two  or  more  grades,  instruction  in  music  shall  be  given  by 
an  instructor  qualified  to  teach  the  rudiments  of  music.  The  instructor  may 
be  a  teacher  of  one  of  the  departments  who  is  qualified  to  teach  this  subject. 

§  4.  In  the  country  schools  conducted  by  a  single  teacher,  the  elements 
of  music  notation  by  vocal  and  blackboard  drill  in  connection  with  the  teaching 
of  simple  songs,  shall  be  taught.  But  no  teacher  shall  be  refused  a  certificate 
or  the  grade  of  his  certificate  lowered  on  account  of  his  lack  of  ability  to  in- 
instruct  or  sing. 

§  5.  It  shall  be  the  duty  of  the  county  superintendent  to  have  taught 
annually  in  the  normal  institute  the  elements  of  vocal  music  by  some  compe- 
tent person  for  at  least  twenty  minutes  of  each  day. 

Approved  February  13,  1909. 


CHAPTER  62— SESSION   LAWS   1909 

(H.  B.  174) 

AN  ACT  Relating  to  School  District  Boundaries  in  Cases  Where  Cities,  Towns 
or  Villages,  Now  Organized  Under  Special  Charter,  May  Reorganize  Under 
the  General  Law. 

Be  It  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.  In  all  cases  where  any  city,  town  or  village,  now  organized  and 
existing  under  and  by  virtue  of  any  special  charter,  may  adopt  the  provisions 
of  the  general  law  relating  to  cities,  towns  or  villages  and  reorganize  under 
the  same,  such  reorganization  shall  in  no  way  limit  or  effect  existing  bounda- 
ries of  any  school   district  of  which  district  such  reorganized   city,  town  or 


56  SOUTH   DAKOTA    SCHOOL  LAWS 

village  may  form  a  part,  and  shall  in  no  way  affect  existing  laws  controlling  or 
regulating  such  school  district. 

§  2.  All  acts  or  parts  of  acts  in  conflict  with  the  provisions  of  this  act 
are  hereby  repealed. 

?  3.  An  emergency  being  deenigd  to  exist,  this  act  shall  take  effect  and 
be  in  force  from  and  after  its  passage  and  approval. 

Approved  February  20,  1909. 


CHAPTER  87— SESSION    LAWS   1909 

(H.  B.  219) 

AN  ACT  Entitled,  An  Act  Fixing  the  Limit  of  the  Rate  of  Taxation  in  School 
Districts  Having  Within  Their  Boundaries  Incorporated  Cities. 

Be  It  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.  The  limit  of  the  rate  of  taxation  in  each  school  district  having  its 
boundary  an  incorporated  city  shall  be  the  same  as  is  now  provided  by  law 
for  cities,  towns  and  adjacent  territory  organized  as  independent  districts. 

§  2.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this  act 
are  hereby  repealed. 

Approved  February  25,  1909. 


CHAPTER   114 — SESSION    LAWS   1909 

(H.  B.  155) 

AN  ACT  Entitled:      An  Act  to  Permit  Certain  Public   School   Houses  to  be 
Used  for  Public  Meetings. 

Be  It  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.  That  the  public  school  houses  in  the  state  of  South  Dakota,  outside 
of  cities  and  towns,  may  hereafter  be  used  for  public  meetings,  including 
singing,  literary  societies,  political  and  other  meetings  of  moral  purposes; 
provided,  such  use  shall  be  entirely  without  expense  to  the  school  district 
having  control  of  such  school  house  for  heat  and  light  and  care  of  same;  and 
provided  further,  that  any  person  or  persons  or  public  body  so  using  any  such 
school  house  shall  be  responsible  to  such  school  district  for  any  and  all  dam- 
age that  may  be  caused  to  such  school  house  or  any  fixture  or  furniture  there- 
in by  reason  of  such  use  or  occupancy  as  aforesaid. 

§  2.  If  any  person  residing  within  the  district  wishes  to  secure  the 
school  house  for  any  meeting  or  meetings,  such  as  are  enumerated  above, 
and  makes  application  to  the  chairman  of  the  school  board  or  other  school 
officer  having  custody  of  the  school  house  in  said  district,  it  shall  be  the  duty 
of  said  chairman  or  school  officer  having  custody  to  grant  permission  for  such 
meeting  or  meetings;  provided,  such  meeting  or  meetings  shall  in  no  way  in- 
terfere with  the  school  that  may  be  in  session  at  the  time.  Provided,  further, 
such  chairman  or  other  school  officer  having  custody  of  such  school  house 
may  refuse  such  applicant  if  the  school  house  has  been  previously  engaged 
for  any  similar  meeting  covering  the  same  period  of  time. 

§  3.     All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

Approved  February  27,  1909. 


SOUTH   DAKOTA   SCHOOL  LAWS 


CHAPTER  142— SESSION   LAWS  1911 
(H.  B,  92) 
AN  ACT  Providing  for  the  Naming  of  Counmon  School  Districts. 
Be  It  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.  Each  common  school  district  in  this  state  may  choose  a  name  and 
record  the  same  in  a  book  to  be  kept  for  the  purpose  in  the  office  of  the  county 
superintendent  of  schools,  of  the  county  wherein  such  district  is  located;  Pro- 
vided, that  such  county  superintendent  shall  refuse  to  record  as  the  name  of 
any  district,  a  name  which  has  been  previously  chosen  and  recorded  by  an- 
other district  in  the  same  county.  The  respective  school  districts  are  hereby 
empowered  to  contract  in  and  sue  and  be  sued  by  the  name  so  chosen  and  re- 
corded. 

Approved  February  27,  191L 


CHAPTER  242— SESSION    LAWS   1909 

(S.   B.  326) 

AN  ACT  to  Empower  County  Commissioners  and  County  Superintendents  to 
Create  School  Districts  Out  of  Congressional  Townships  Where  Two- 
thirds  of  Electors  of  Said  Congressional  Townships  Petition  Therefor. 

Be  It  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

1.  Wherever  two-thirds  of  the  qualified  electors  of  any  congressional 
township  in  this  state  which  is  now  a  part  of  some  school  district  comprising 
more  than  one  such  congressional  township  shall  petition  the  board  of  county 
commissioners  of  their  county  to  create  a  separate  school  district  comprised 
of  their  congressional  township  and  have  filed  such  petition  with  the  county 
auditor,  it  shall  be  the  duty  of  said  board  of  county  commissioners,  together 
with  the  county  superintendent  of  schools  of  said  county,  at  the  first  regular 
or  special  meeting  of  said  board  of  county  commissioners,  to  declare  said 
congressional  township  a  separate  school  district,  and  the  county  superin- 
tendent shall  appoint  the  necessary  officers  as  provided  in  Section  90,  Article 
5,  Chapter  135,  Session  Laws  of  1907,  who  shall  hold  office  until  the  election. 
Provided,  that  no  such  district  sha'l  be  formed,  if  by  forming  such  school 
township  district  any  territory,  heretofore  belonging  to  such  former  district 
shall  be  left  without  reasonable  school  privileges,  or  in  such  shape  as  to  ren- 
der it  impracticable  for  district  purposes.  Any  property  interests  of  the  dis- 
trict affected  by  the  provisions  of  this  act  shall  be  adjusted  in  accordance  with 
the  provisions  of  Section  69  of  Chapter  13.5  of  the  Session  Laws  of  1907. 

Approved  March  8,  1909. 


CHAPTER   133— SESSION    LAWS   1911 

(H.  B.  378) 

AN   ACT   Entitled   an  Act   Prescribing   Election    Procedure   in    Cities,    Towns, 
and  Adjacent  Territory,  Organized  as  Independent  School  Districts. 

Be  It  Enacted  by  the  Legislature  of  the  State  of  South   Dakota: 

§  1.     Notice  of  Election]     Not  less  than   ten   days  before   any  annual  or 
other  school  election,  the  secretary  of  the  board  shall  cause  notices  to  be  post- 


58  SOUTH  DAKOTA  SCHOOL  LAWS 

ed  in  puiblic  placesi  distributed  tiiroughout  the  district  and  sliall  state  therein 
the  officers  to  be  elected,  with  terms  of  each,  and  questions  to  be  submitted  at 
such  election. 

Such  notices  shall  also  be  published  in  some  newspaper  at  least  three 
times,  beginning  not  less  than  ten  days  prior  to  said  election.  At  this  election 
there  shall  be  elected  members  of  the  board  of  education,,  as  provided  by  law, 
and  a  treasurer  of  the  board  of  education,  who  shall  be  elected  in  the  year 
1911  and  every  three  years  thereafter  for  a  term  of  three  years,  and  he  shall 
hold  his  office  until  his  successor  is  elected  and  qualified. 

§  2.  Nominations  for  School  Offices]  Candidates  for  school  offices  shall 
be  nominated  by  filing  with  the  secretary  of  the  board  of  education  not  earlier 
than  the  fifteenth  day  of  May  nor  later  than  the  first  day  of  June,  certificates 
of  nomination  for  the  office  to  be  ffi'ed.  Such  certificates  shall  be  in  writing, 
shall  contain  the  name  of  the  candidate,  his  residence,  business  address  and 
the  office  for  which  he  is  named,  and  must  be  signed  by  twenty  or  more  quali- 
fied ele'ctors  of  the  school  district. 

Each  elector  signing  a  certificate  of  nomination!  shall  add  to  his  signature 
his  place  of  residence,  his  business  and  his  postoffice  address,  and  shall  de- 
clare that  he  has  not  joined  in  nominating  any  other  person  for  the  office  to  be 
filled.  Such  signatures  need  not  all  be  appended  to  one  paper.  No  certificate 
of  nomination  sha'l  contain  the  name  of  more  than  one  candidate  for  any  of- 
fice to  be  filled,  but  each  elector  may  sign  as  many  certificates  as  there  are 
officers  to  be  elected  for  a  particular  term  of  office. 

§  3.  No  Party  Designation]  In  order  to  separate  party  politics  so  far  as 
possible  from  school  affairs,  no  descriptive  word,  words,  or  symbol  to  desig- 
nate the  party  or  principle  of  any  nominee,  shall  appear  on  the  certificate  of 
nomination,  or  be  used  or  printed  on  the  ballot. 

§  4.  Withdrawal  from  Nomination]  Any  person  whose  name  has  been 
filed  as  a  candidate  may  cause  his  name  to  be  withdrawn  from  nomination  by 
request  in  writing  signed  by  himself  and  properly  acknowledged  and  filed  with 
the  secretary  of  the  board  at  least  five  days  prior  to  the  day  of  election;  and 
no  name  so  withdrawn  shall  be  printed  on  the  ballots  to  be  used. 

§  5.  Publication  of  Nominees]  The  secretary  shall  cause  to  be  published 
in  one  or  more  newspapers,  published  in  the  county,  at  least  four  days  before 
the  day  of  election,  all  nominations  certified  to  him  under  the  provisions  of 
this  article. 

§  6.  Ballots,  Etc.]  The  secretary  shall  provide  proper  ballots  similar  in 
form  to  those  authorized  by  law  for  municipal  elections,  except  as  to  party  af- 
filiation, on  which  shall  be  printed  the  names  of  the  candidates  for  the  respec- 
tive offices,  each  being  given  a  position  for  each  office  in  the  order  of  the  prior- 
ity of  the  filing  of  their  nominating  certificates.  The  secretary  shall  provide 
the  voting  booths  required  by  law  in  each  polling  place  and  such  supplier, 
poll  books,  stationery,  etc.,  as  may  be  necessary. 

§  7.  Conduct  of  Election]  Polling  places  shall  be  provided  with  separ- 
ate booths  for  each  150  electors,  and  boards  of  education  in  cities  of  the  first 
and  second  class  and  in  cities  under  commission,  shall  provide  polling  places 
in  each  ward  thereof  for  all  electors  residing  within  the  limits  from  which  the 
children  are  required  to  attend  at  said  schoolhouse,  and  two  judges  and  one 
clerk  shall  be  appointed  by  the  board  of  education,  who  sha'l  conduct  said 
election  in  accordance  with  the  general  election  laws  of  the  state  as  applied 
to  municipal  elections,  except  as  provided  in  this  article. 

Provided,  that  if  the  legal  candidatei?  do  not  exceed  in  number  the  offices 
to  be  filled,  the  board  of  education  may  designate  a  less  number  of  polling 
places  at  their  discretion. 


SOUTH   DAKOTA    SCHOOL   LAWS  59 

The  polls  shall  be  kept  open  between  the  hours  of  12  o'clock  noon  and  5 
o'clock  in  the  afternoon  and  no  longer.  The  compensation  of  the  ofllcers  of 
election  shall  be  fixed  by  the  board  and  paid  from  the  district  treasury. 

§  8.  Returns  of  Election]  The  returns  from  said  election  shall  be  certi- 
fied by  the  officers  in  each  polling  place,  and  the  ballots,  properly  sealed  in 
ballot  boxes,  together  with  the  poll  books,  shall  be  placed  forthwith  in  the  cus- 
tody of  the  secretary  of  the  board,  who  shall  keep  said  ballot  boxes  inviolate 
for  at  least  thirty  days  after  the  canvass  of  the  returns. 

§  9.  Canvass  of  Returns]  The  results  of  said  election  shall  be  can- 
vassed and  declared  by  the  board  of  education  at  the  next  regular  meeting 
thereof,  and  certificates  of  election  shall  be  issued  by  the  secretary  of  the 
board  to  the  successful  candidates. 

§  10.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this  act, 
be  and  the  same  are  hereby  repealed. 

Approved  March  3,  1911. 


CHAPTER   191— SESSION   LAWS  1913 

(S.  B.  366) 

REQUIRING   BOARDS   OF   EDUCATION  TO   PUBLISH   FINANCIAL   STATE- 
MENTS 
AN  ACT  Entitled,  An  Act  to  Amend  Chapter  135  of  the  Session  Laws  of  1911 

Requiring   Boards   of  Education  in   all   School   Districts    Organized   Under 

Special  Charters,  all  School  Districts  Organized  as   Independent  Districts 

to  Publish  a  Statement  of  Receipts  and  Expenditures  and  of  the  Financial 

Condition  of  such  Districts. 
Be  it  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.  That  Chapter  135  of  the  Session  Laws  of  1911  be  amended  to  read  as 
follows: 

Chapter  135.  The  board  of  education  of  every  school  district  organized 
under  special  charter  and  of  all  school  districts  organized  as  independent  dis- 
tricts in  all  incorporated  towns  and  cities  are  hereby  required  to  publish  in 
a  newspaper  of  general  circulation  in  said  school  district,  if  there  be  a  news- 
paper published  in  said  district,  and  if  there  be  no  newspaper  published  in 
said  district,  then  to  post  in  three  public  places  in  said  district,  a  condensed 
statement  of  the  receipts  and  expenditures  of  said  district  within  twenty  days 
after  the  end  of  the  fiscal  year.  Such  statement  shall  be  published  annually 
in  two  consecutive  issues  of  such  newspaper,  and  the  cost  of  such  publication 
shall  be  paid  for  out  of  the  general  fund  of  said  district. 

§  2.     All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

Approved  March  12,  1913. 


CHAPTER  187— SESSION   LAWS  1913 
(S.  B.  101) 

PROVIDING   FOR   ADMISSION    OF    PUPILS    TO    THE    SCHOOL   FOR    THE 

BLIND 
AN  ACT  Entitled,  An  Act  to  Provide  for  Admission  of  Pupils  to  the  School 
for  the  Blind,  at  Gary,  South  Dakota,  and  Repealing  Sections  571,  572,  573 
and  574  of  the  Political  Code  of  Revised  Code  of  1903  of  South  Dakota. 
Be  it  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.  Whenever  it  shall  come  to  the  notice  or  knowledge  of  the  county 
superintendent  of  schools  of  any  county  in  this  state,  that  any  person  resid- 
ing in  such  county,  between  the  ages  of  six  and  thirty  years,  by  reason  of 


60  SOUTH   DAKOTA   SCHOOL   IJ^WS 

blindness,  either  partial  or  total,  has  not  received  and  is  unable  to  receive 
the  full  benefits  of  the  public  schools,  and  is  not  regularly  attending  a  school 
for  the  blind,  and  has  not  received  a  full  course  of  instruction  in  any  institu- 
tion for  the  blind  and  is  in  need  of  such  instruction,  it  shall  be  the  duty  of 
such  county  superintendent  of  schools  to  forthwith  notify  and  require  the 
parent,  guardian  or  custodian  of  such  person  to  send  such  person,  forthwith, 
to  the  South  Dakota  school  for  the  blind;  and  in  case  such  parent,  guardian 
or  custodian  shall,  for  the  space  of  ten  days  after  such  notice,  refuse  or  neglect 
to  send  such  person  to  said  school  for  the  blind,  such  county  superintendent 
of  schools  shall  make  complaint  before  the  county  judge  of  such  county,  setting 
forth  the  age  and  place  of  residence  of  such  person  and  that  such  blind  or  par- 
tially blind  person  is  being  deprived  of  an  education  by  the  refusal  or  neglect  of 
his  or  her  parent,  guardian  or  custodian,  and  thereupon  such  county  judge  shall 
investigate  such  matter  and  make  such  order  and  take  such  proceedings  as 
are  or  may  hereafter  be  provided  by  law. 

§  2.  All  persons,  residents  of  this  state,  between  the  ages  of  six  and 
thirty  years,  who,  by  reason  of  blindness,  either  partial  or  total,  have  not  re- 
ceived and  are  unable  to  receive  the  full  benefits  of  the  public  schools,  and 
who  shall  be  capable  of  receiving  instruction,  and  who  are  free  from  contagious 
or  chronic  diseases,  and  physically  fit  to  attend  such  school  shall,  upon  ap- 
plication to  the  superintendent  of  the  South  Dakota  school  for  the  blind,  be 
received  and  taught  free  of  charge,  at  such  school  and  shall  be  entitled  to  re- 
ceive an  education  of  at  least  ten  years  at  the  expense  of  the  state  of  South 
Dakota  at  the  said  institution  for  the  support  and  education  of  the  blind  if 
within  the  age  limit  prescribed  in  this  section;  and  the  time  that  any  pupil 
or  pupils  shall  have  spent  in  any  institution  for  the  education  of  the  blind 
shall  be  deducted  from  the  ten  years  above  specified;  provided,  liowever,  that 
all  pupils  shall,  in  any  event,  be  entitled  to  such  support  and  education  until 
they  shall  have  arrived  at  the  age  of  eighteen  years.  And  pupils  under  the 
age  of  six  years  or  over  the  age  of  thirty  years  may,  when  circumstances  war- 
rant or  require  it,  with  the  approval  of  a  majority  of  the  state  board  having 
control  of  said  school,  be  received  and  taught  therein  as  herein  provided.  Like 
pupils  may  be  received  from  without  the  state  upon  payment  to  the  superin- 
tendent of  such  school  for  the  blind,  for  the  use  and  benefit  of  such  school,  of 
such  charges  for  board,  tuition  and  care,  as  shall  be  fixed  by  the  state  board 
having  control  of  such  institution;  but  no  pupil  from  without  the  state  shall 
be  received  to  the  exclusion  of  any  pupil  resident  of  this  state  from  any  of 
the  privileges  or  benefits  of  the  school.  If,  in  the  judgment  of  the  state  board 
having  control  of  said  institution,  upon  recommendation  of  the  superin- 
tendent of  the  said  school  a  pupil  is  capable  and  by  reason  of  general  fitness 
is  qualified  to  receive  advanced  instruction  for  the  purpose  of  fitting  such 
pupil  to  enter  a  college  or  higher  institution  for  the  blind  such  pupil  shall  be 
entitled  to  attend  said  school  for  a  term  not  to  exceed  three  years,  in  addi- 
tion to  the  term  hereinbefore  specified,  and  the  age  of  such  pupil  shall  not 
disqualify  him  or  her  from  receiving  such  additional  instruction  preparatory 
to  entrance  to  a  college  or  higher  institution  for  the  blind.  All  pupils  shall 
freely  and  equally  enjoy  all  the  benefits  and  privileges  of  the  school,  and  have 
the  use  of  the  library  and  books  of  instruction,  and  receive  tuition,  board, 
washing,  lodging,  attendance,  medical  care,  etc.,  without  preference  or  distinc- 
tion. All  pupils  shall  be  treated  with  the  most  considerate  regard  for  their 
misfortune,  and  always  with  kindness  and  humanity,  and  the  board  shall  care- 
fully enforce  this  provision. 

It  shall  be  the  duty  of  the  person  sending  such  blind  or  partially  blind 
person  to  such  school,  to  thereupon  pay  the  superintendent  of  such  school  an 
amount  of  money  sufficient  to  purchase  for  such  pupil  a  return  ticket  to  its 
home,  and  also  to  deposit  with  said  superintendent  the  sum  of  ten  dollars  ad- 
ditional, which  may  be  used  by  such  superintendent  in  the  purchase  of  neces- 
sary clothing  and  in  defraying  other  incidental  expenses  of  such  pupil;  and  at 


SOUTH   DAKOTA   SCHOOL   LAWS  61 

the  close  of  the  school  year,  or  whenever  such  pupil  ceases  to  attend  such 
school,  it  shall  be  the  duty  of  such  superintendent  to  furnish  such  pupil  a 
return  ticket,  and  to  return  the  unexpended  balance  of  such  deposit,  together 
with  an  itemized  statement  showing  all  moneys  expended  by  such  superintend- 
ent for  clothing  or  incidental  expenses  of  such  pupil,  as  aforesaid. 

In  case  the  parent,  guardian  or  custodian  of  such  blind  or  partially  blind 
person,  residing  in  this  state,  shall  be  unable  to  pay  the  railroad  fare  of  such 
person  and  make  the  deposit  hereinbefore  provided  for,  it  shall  be  the  duty  of 
the  board  of  county  commissioners  of  the  county  in  which  such  person  resides 
to  advance  and  pay  such  railroad  fare  and  such  deposit,  upon  requisition  of 
the  superintendent  of  said  school  for  the  blind,  approved  by  the  state  board 
having  control  of  said  institution. 

§  3.  Sections  571,  572,  573  and  574  of  the  Political  Code  of  the  Revised 
Codes  of  1903  of  this  state,  and  all  acts  and  parts  of  acts  in  conflict  with  the 
provisions  of  this  act,  are  hereby  repealed. 

§  4.  An  emergency  is  hereby  declared  to  exist,  and  this  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage  and  approval. 

Approved  February  21,  1913. 


CHAPTER  188— SESSION   LAWS  1913 

(H.  B.  119) 

RELATING  TO  COUNTY  SUPERINTENDENTS 

AN  ACT  Entitled,  An  Act  Authorizing  the  County  Superintendent  to  Conduct 

Agricultural  and  Other  Industrial  Contests  Among  the  Pupils  of  the  Public 

Schools,  and  to  Provide  for  the  Payment  of  the  Expenses  of  Conducting 

Such  Contests. 
Be  it  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.  Power  Given  to  County  Superintendent]  The  county  superintendent 
is  hereby  authorized  to  conduct  a  contest  in  agriculture,  in  industrial  arts,  or 
in  home  economics  among  the  pupils  enrolled  in  the  public  schools  under  his 
direct  supervision. 

§  2.  Annual  Exhibit  and  Program]  Whenever  a  county  superintendent 
shall  have  instituted  any  such  contest,  he  shall  thereafter,  on  such  date  as  he 
may  designate,  hold  an  annual  exhibit  to  show  the  results  of  the  work  of  the 
participants. 

At  the  annual  exhibit  an  educational  program  shall  be  rendered,  which 
shall  include  instruction  upon  matters  pertaining  to  the  contest. 

§  3.  Authority  to  Appropriate  Given  to  County  Commissioners]  The 
county  commissioners  of  any  county  wherein  the  county  superintendent  has 
organized  a  contest  among  the  pupils  of  the  public  schools,  as  provided  for  in 
this  act,  are  hereby  authorized  to  appropriate  from  the  county  general  fund 
the  sum  of  two  hundred  dollars  ($200),  at  the  first  regular  meeting  of  the 
county  commissioners,  after  having  been  notified  by  the  county  superintendent 
that  a  contest  has  been  instituted;  provided  that  any  part  of  said  appropria- 
tion remaining  unused  on  January  first  next  succeeding  the  appropriation  shall 
revert  to  the  county  general  fund. 

§  4.  Limitation  of  Expenditures]  The  expenditures  permissible  in  con- 
nection with  a  contest  shall  be  limited  to  the  awarding  of  prizes,  the  renting 
of  a  hall  or  room  for  the  annual  exhibit,  the  furnishing  of  material  to  pupils 
for  carrying  on  the  work  of  the  contest,  the  employing  of  lecturers  for  the 
program  and  expert  assistants  for  judging  the  exhibit,  and  other  necessary  in- 
cidental expenses. 


62  SOUTH  DAKOTA  SCHOOL  LAWS 

§  5.  Payment  of  Expenditures]  The  county  commissioners  shall  pay  the 
expenditures  of  said  contest,  as  limited  in  section  4  of  this  act  and  in  a  sum 
not  exceeding  two  hundred  dollars  ($200),  upon  having  filed  with  them  item- 
ized vouchers  certified  to  by  the  county  superintendent. 

§  6.  The  County  Superintendent  to  Make  Report  to  the  County  Auditor] 
At  the  close  of  any  contest  conducted  by  the  county  superintendent  in  accord- 
ance with  the  provisions  of  this  act,  he  shall  make  a  written  report  to  the 
county  auditor,  which  shall  show  the  nature  of  the  contest  or  contests,  the 
program  rendered,  the  enrollment  of  pupils,  to  whom  prizes  were  awarded, 
and  the  amount  of  each  prize.  He  shall  also  file  with  the  county  auditor  a 
certified  and  itemized  statement  of  the  expenses  of  the  contest. 

Approved  March  3,  1913. 


CHAPTER  189— SESSION   LAWS  1913 

(H.  B.  93) 

PROVIDING  FOR  PLACING  U.  S.  FLAGS  ON  PUBLIC  SCHOOL  HOUSES 

AN  ACT  to  Provide  for  Placing  United  States  Flags  on  Public  School  Houses. 

Be  it  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.  That  the  boards  of  education  of  cities  of  the  first  class,  boards  of 
education  of  independent  school  districts  and  the  district  school  board  of  other 
school  districts  in  the  state  of  South  Dakota  shall  have  power  to  cause  to  be 
erected  and  kept  in  repair  upon  all  the  public  school  houses  or  upon  the  school 
grounds  surrounding  such  public  school  buildings,  which  may  be  in  their  re- 
spective district,  a  good  and  sufficient  flag-staff,  or  pole,  together  with  all  nec- 
essary adjustments,  and  that  they  shall  provide  a  United  States  flag  of  not 
less  than  three  by  five  feet,  which  shall  be  floated  from  such  flag-staff  or  pole 
during  the  school  hours  of  such  days  as  the  board  of  such  district  may  deter- 
mine. Provided,  that  the  flag  shall  not  be  hoisted  during  any  day  when  a  vio- 
lent storm  or  inclement  weather  would  destroy  or  materially  injure  such  flag. 

§  2.  The  flag  used  as  provided  for  in  this  act,  shall  be  paid  for  out  of  the 
funds  appropriated  for  the  running  expenses  of  said  public  schools,  the  same 
as  other  necessary  supplies  are  paid  for,  and  the  flags  for  use  over  public  school 
buildings  are  hereby  declared  to  be  necessary  supplies,  and  may  be  paid  for 
out  of  the  funds  of  the  respective  school  districts. 

Approved  February  18,  1913. 


CHAPTER  190— SESSION   LAWS  1913 

(S.  B.  202) 

AUTHORIZING   CERTAIN    SCHOOL   CORPORATIONS   TO    PURCHASE   AG- 
RICULTURAL LANDS 

AN  ACT  Authorizing   Certain   School   Corporations   to   Purchase  Agricultural 
Lands  to  be  Used  in  Connection  With  the  Teaching  of  Agriculture. 

Be  it  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.  Whenever  any  city  of  the  first  class,  any  independent  school  dis- 
trict, or  any  school  district  shall  have  made  provision  for  the  giving  of  sys- 
tematic  instruction   in   agriculture   in   the   schools   of   such   city,   independent 


SOUTH   DAKOTA   SCHOOL   LAWS  63 

school  district,  or  school  district,  such  city,  independent  school  district  or 
school  district  may  purchase  and  hold  agricultural  lands,  to  be  used  in  con- 
nection with  the  giving  of  agricultural  instruction  in  the  schools  of  such 
school  corporation.  And  the  board  of  education  of  any  such  school  corporation 
may  expend  moneys  from  the  general  fund  of  the  corporation  for  the  purchase  of 
such  lands.  Provided,  that  no  such  school  corporation  shall  purchase  for  such 
purposes  more  than  ten  acres  of  agKicultural  land,  and  that  no  board  of  edu- 
cation shall  expend  for  the  purchase  of  such  lands  any  sum  in  excess  of  three 
dollars  ($3.00)  for  each  person  of  school  age  enumerated  on  the  school  census 
of  such  corporation  for  the  year  next  preceding  that  in  which  the  expenditure 
is  made.  Provided,  further,  that  in  no  case  shall  any  school  corporation  be 
authorized  to  purchase  land  to  value  in  excess  of  twenty-five  hundred  ($2,500.00) 
dollars. 

Approved  March  14,  1913. 


CHAPTER  192— SESSION   LAWS  1913 
(H.  B.  451) 

PROVIDING   FOR   PAYMENT  OF  TUITION  AND  TRANSPORTATION  OF 
SCHOOL  CHILDREN  IN  CERTAIN  CASES 

AN  ACT  Entitled,  An  Act  to  Provide  for  the  Payment  of  Tuition  and  Trans- 
portation of  Children  of  School  Age  Who  Reside  in  Territory  not  Organ- 
ized into  a  School  District. 

Be  it  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.  Whenever  children  of  school  age  reside  in  territory  not  organized 
into  a  school  district,  it  shall  be  the  duty  of  the  county  commissioners  to  pro- 
vide for  the  education  of  such  children  by  making  provision  for  the  payment 
of  their  tuition  in,  and  transportation  to  some  school  in  an  organized  school 
district.  Provided,  that  the  board  of  county  commissioners  may,  in  lieu  of 
providing  for  transportation,  expend  a  reasonable  amount  for  room  and  board 
of  said  pupils,  whose  attendance  at  school  can  be  provided  for,  by  such  means 
more  economically  and  satisfactorily. 

Approved  March  13,  1913. 


CHAPTER  194— SESSION  LAWS  1913 

(H.  B.  169) 

RELATING  TO  COMMON  SCHOOLS 

AN  ACT  Entitled,  An  Act  to  Increase  the  Efficiency  of  the  Common  School 
System  of  This  State  and  to  Promote  Instruction  in  the  Elements  of  Ag- 
riculture and  Home  Economics  and  Prescribing  the  Method  of  Procedure 
in  Organizing  Such  Districts. 

Be  it  Enacted  by  the  Legislature  of  the  State  of  South  Dakota: 

§  1.     For  the  purpose  of  promoting  a  better  condition  in  rural  schools  and 
to  encourage  industrial  training,  including  the  elements  of  agriculture,  manual 


64  SOUTH  DAKOTA  SCHOOL  LAWS 

training  and  home  economics,  two  or  more  school  districts  of  any  kind  may 
consolidate  by  the  formation  of  a  new  district.  An  existing  district  may  or- 
ganize as  a  consolidated  district;  a  portion  of  an  existing  district  may  or- 
ganize as  a  consolidated  district,  or  may  consolidate  with  one  or  more  other 
existing  districts  or  with  part  or  parts  of  same  by  the  formation  of  a  new  dis- 
trict. 

§  2.  Before  any  steps  are  taken  in  organizing  a  consolidated  school  dis- 
trict, the  superintendent  of  the  county  in  which  the  major  portion  of  territory 
is  situated  from  which  it  is  proposed  to  form  a  consolidated  school  district, 
shall  cause  a  plat  to  be  made  showing  the  size  and  boundaries  of  the  new  dis- 
trict, the  location  of  the  school  houses  in  the  several  districts,  the  location  of 
other  adjoining  school  district  and  of  school  houses  therein,  the  location  of 
transportation  routes,  together  with  such  other  information  as  may  be  of  es- 
sential value,  and  submit  the  same  to  the  superintendent  of  public  instruction, 
who  shall  approve,  modify  or  reject  the  plan  so  proposed,  and  certify  his  con- 
clusions to  the  county  superintendent  of  schools. 

§  3.  After  approval  by  the  superintendent  of  public  instruction  of  the 
plan  for  the  formation  of  a  consolidated  school  district,  and  upon  presentation 
to  the  county  superintendent  of  a  petition  signed  and  acknowledged  by  at 
least  twenty-five  (25)  per  cent  of  the  electors  of  each  district  affected  qualified 
to  vote  at  school  meetings,  asking  for  the  formation  of  a  consolidated  school 
district  in  accordance  with  the  plan  approved  by  the  superintendent  of  public 
instruction,  the  county  superintendent  shall  within  ten  (10)  days  cause  ten 
(10)  days'  posted  notice  to  be  given  in  each  district  affected,  and  one  weeks' 
published  notice  if  there  be  a  newspaper  in  such  district,  of  an  election  or 
special  meeting  to  be  held  within  the  proposed  district  at  a  time  and  place 
specified  in  such  notice  to  the  voters,  upon  the  question  of  consolidation.  At 
such  meeting  the  electors,  not  less  than  twenty  (20)  being  present,  shall  elect 
from  their  number  a  chairman  and  clerk  who  shall  be  the  officers  of  the  meet- 
ing. The  chairman  shall  appoint  two  tellers  and  the  meeting  or  election  shall 
be  conducted  as  are  the  regular  annual  school  meetings.  The  vote  of  such 
election  or  meeting  shall  be  by  ballot,  which  shall  read  "For  Consolidation" 
or  "Against  Consolidation."  The  ofllcers  of  such  meeting  or  election  shall 
within  ten  (10)  days  certify  the  result  of  the  vote  to  the  superintendent  of 
the  county  in  which  such  district  mainly  lies.  If  three-fourths  (%)  or  more  of 
the  votes  cast  are  for  consolidation,  the  county  superintendent  within  ten  (10) 
days  thereafter  shall  make  proper  orders  to  give  effect  to  such  vote  and  shall 
thereafter  transmit  a  copy  thereof  to  the  auditor  of  each  county  in  which  any 
portion  of  each  district  affected  lies,  and  to  the  clerk  of  each  district  affected, 
and  also  to  the  superintendent  of  public  instruction.  If  the  order  be  for  the 
formation  of  a  new  district  it  shall  specify  the  number  of  such  district.  The 
county  superintendent  shall  also  cause  ten  (10)  days'  posted  notice  and  one 
week's  published  notice  if  there  be  a  newspaper  published  in  such  district, 
to  be  given  of  a  meeting  to  elect  five  members  of  the  board  of  education  and 
a  treasurer  of  the  newly  formed  consolidated  school  district.  Provided,  that  a 
consolidated  district  shall  upon  its  formation,  become  an  independent  district 
with  the  powers,  privileges  and  duties  now  conferred  by  law  upon  independent 
districts. 

§  4.  Nothing  in  this  act  shall  be  construed  to  transfer  the  liabilities  of 
existing  bonded  indebtedness  from  the  district  or  territory  against  which  it 
was  originally  incurred.  The  officers  of  the  district  or  several  districts  form- 
ing a  consolidated  school  district  shall,  within  ten  (10)  days  from  receipt 
of  copy  of  the  order  of  the  county  superintendent  certifying  to  the  formation 
of  the  new  district  or  immediately  after  the  election  and  qualification  of  the 
members  of  the  board  of  education  of  the  consolidated  school  district,  turn 
over  to  the  proper  officers  of  the  newly  elected  board  of  education  all  records, 
funds,  credits  and  effects  of  their  several  districts. 


SOUTH   DAKOTA  SCHOOL   LAWS  65 

§  5.  It  shall  be  the  duty  of  the  superintendent  of  public  instruction  with 
respect  to  schools  in  consolidated  districts,  to  approve  plans  and  sites  of  build- 
ings and  their  equipment  and  the  equipment  of  the  premises;  to  prepare  sug- 
gestive courses  of  study,  including  an  industrial  course;  and  through  such  su- 
pervisor as  he  may  appoint,  and  in  connection  with  the  county  superintendent, 
exercise  supervision  over  said  consolidated  school. 

§  6.  The  board  of  education  of  a  consolidated  school  district  is  author- 
ized to  provide  for  the  transportation  of  pupils  and  it  shall  be  the  duty  of  the 
board  to  provide  and  maintain  means  of  transportation  for  all  such  pupils  as 
live  a  greater  distance  than  two  (2)  miles  from  the  school.  Such  transporta- 
tion, whether  provided  by  the  board  or  by  parents  under  an  arrangement  with 
the  board,  shall  be  in  a  comfortable  and  safe  conveyance,  the  drivers  of  such 
conveyance  shall  furnish  a  safe  team  therefor,  and  shall  use  every  care  for 
the  safety  of  the  children  under  their  charge,  and  shall  maintain  discipline  in 
such  conveyance.  In  lieu  of  providing  transportation,  the  board  may  make 
arrangements  with  the  parent,  guardian  or  other  person  to  transport  such 
children  as  may  live  more  than  two  miles  from  the  school,  providing  that 
such  parent,  guardian  or  other  person  shall  provide  for  the  transportation  of 
the  children  a  comfortable  and  convenient  bus  or  wagon,  well  supplied  with 
protection  against  inclement  weather,  and  shall  actually  transport  or  provide 
for  the  transportation  of  such  children  to  the  school  for  at  least  seven  months 
of  each  school  year.  Be  it  also  understood  that  in  cases  where  it  is  practicable, 
conveyance  by  interurban,  steam  railway  or  automobile  shall  be  equivalent 
for  transportation  or  conveyance  by  team. 

Provided,  that  the  board  of  education  shall  have  authority  under  this  act 
to  designate  and  establish  routes  for  the  transportation  of  children  and  to  des- 
ignate points  within  convenient  and  easy  access  to  the  several  homes  of  the 
children  entitled  to  transportation  where  the  conveyance  shall  stop  and  take 
such  children  on  in  the  morning  and  put  them  off  in  the  evening,  but  no 
such  point  designated  as  a  place  to  take  on  any  child  entitled  to  such  trans- 
portation shall  be  more  than  five-eights  (%)  of  a  mile  from  the  home  of 
such  child.  Provided  further,  that  the  board  may  in  lieu  of  providing  for  trans- 
portation, expend  a  reasonable  amount  for  room  and  board  of  pupils  whose 
attendance  at  school  can  more  economically  and  satisfactorily  be  provided  for 
by  such  means. 

§  7.  In  case  of  the  formation  of  a  new  consolidated  district  comprising 
territory  hitherto  not  included  in  any  school  district,  like  proceedings  shall 
be  had,  within  ten  (10)  days  after  the  organization  of  such  consolidated  dis- 
trict, and  in  all  cases  of  change  of  boundary  or  consolidation  of  districts,  the 
title  to  the  school  house  sites  and  other  school  property  shall  vest  in  the  dis- 
trict in  which  such  porperty  is  included  after  such  change  or  consolidation; 
and  in  case  of  consolidation,  the  officers  of  the  old  districts  shall  continue  to 
exercise  their  duties  until  the  officers  of  the  new  district  qualify. 

§  8.     The  title  of  any   school   district  organized   under  this   act  shall   be 

" Independent  Consolidated  District  Number of 

County,  South  Dakota; "  and  it  shall  in  all  respects  be  governed 

by  the  laws  governing  independent  districts. 

§  9.  Authority  is  hereby  expressly  given  to  the  school  board  of  any  dis- 
trict which  may  be  hereafter  organized  under  the  provisions  of  this  act  to 
purchase  any  land  which  may  be  necessary  to  provide  the  demonstration  plat 
necessary  to  met  the  requirements  of  this  act,  and  the  same  shall  be  and  be- 
come the  property  of  said  district  forever;  Provided,  that  in  case  it  is  neces- 
sary to  expend  more  than  two  hundred  dollars  for  the  purchase  of  said  addi- 
tional lands,  the  question  of  purchasing  said  lands  shall  be  first  submitted  to 
a  vote  of  the  voters  of  said  district,  and  if  a  majority  of  the  voters  voting  at 
any  regular  meeting  of  said  district  or  at  any  special  meeting  of  said  district 
called  according  to  law  for  that  purpose  shall  vote  in  favor  of  buying  the  ad- 
ditional land,  the  said  school  board  shall  at  once  proceed  to  purchase  the  same. 

Approved  March  14,  1913. 


66  SOUTH   DAKOTA   SCHOOL  LAWS 


CONSTITUTIONAL  PROVISIONS 


§  1.  Art.  VIIL  The  stability  of  a  republican  form  of  government  depend- 
ing on  the  morality  and  intelligence  of  the  people,  it  shall  be  the  duty  of  the 
legislature  to  establish  and  maintain  a  general  and  uniform  system  of  public 
schools,  wherein  tuition  shall  be  without  charge,  and  equally  open  to  all,  and 
to  adopt  all  suitable  means  to  secure  to  the  people  the  advantages  and  oppor- 
tunities of  education. 

§  15.  Art.  VIIL  The  legislature  shall  make  such  provisions  by  general 
taxation  and  by  authorizing  the  school  corporation  to  levy  such  additional  taxes, 
as  with  the  income  from  the  permanent  school  fund  shall  secure  a  thorough 
and  efficient  system  of  common  schools  throughout  the  state. 

§  16.  Art.  VIIL  No  appropriation  of  lands,  money  or  other  property  or 
credits  to  aid  any  sectarian  school  shall  ever  be  made  by  the  state,  or  any 
county  or  municipality  within  the  state,  nor  shall  the  state  or  any  county  or 
municipality  within  the  state  accept  any  grant,  conveyance,  gifts  or  bequest  of 
lands,  money  or  other  property  to  be  used  for  sectarian  purposes,  and  no  sec- 
tarian instruction  shall  be  allowed  in  any  school  or  institution  aided  or  sup- 
ported by  the  state. 

§  17.  Art.  VIIL  No  teacher,  state,  county,  township  or  district  school 
officer  shall  be  interested  in  the  sale,  proceeds  or  profits  of  any  books,  appa- 
ratus or  furniture  used  or  to  be  used  in  any  school  in  this  state,  under  such 
penalties  as  shall  be  provided  by  law. 

§  9.  Art.  VII.  Any  woman  having  the  qualifications  enumerated  in  sec- 
tion 1  of  this  article,  as  to  age,  residence  and  citizenship,  and  including  those 
now  qualified  by  the  laws  of  the  territory,  may  vote  at  any  election  held  solely 
for  school  purposes  and  may  hold  any  office  in  this  state  except  as  otherwise 
provided  in  this  constitution. 


SOUTH  DAKOTA  SCHOOL  LAWS  67 


INDEX 


DEPARTMENT  OF  PUBLIC  INSTRUCTION 

c,.    .  .   .  Page 

State  supervision 1 

Superintendent — duties  of 1 

Examinations    2 

State  certificates  and  life  diplomas 2 

Life  diploma 2 

State  certificate 3 

Renewal,  validation  and  revocation 3 

Fees  for  state  certificates  and  life  diplomas 3 

Teachers'  reading-  circle  board  of  managers 4 

Ofllce  provided 4 

Deputy  superintendent 4 

Salary    4 

COUNTY  SUPERVISION 

Election  of  superintendent 4 

Eligibility   4 

Qualification 5 

Vacancy- — liow   filled 5 

Deputy  county  superintendent 5 

Prohibition  from  holding  other  offices , 5 

Salary  of 5 

Traveling  expenses 5 

Provide  office ,.  . .  .  6 

Duties  of  county  superintendent 6 

Shall  visit  schools 6 

Shall  keep  record  of  official  acts 6 

Shall  encourage  institutes 7 

District  institutes   7 

Teachers'  reading  circle 7 

County  normal  institutes 7 

Joint   institutes 7 

District  officers'  meetings , 8 

Examination  of  officers'  accounts 8 

Medium   of  communication 8 

Superintendent  power  to  administer  oaths 8 

Po^er  to  close  school 8 

Census  8 

Apportionment  of  school  money 9 

County  general  school  fund 9 

Annual   report  of  state  superintendent 9 

Failure  of  district  officers  to  report 9 

To  give  advice 9 

Teachers'   certificates 9 

First  grade  certificates 10 

Second   grade 10 

Third  grade 10 

Primary  certificates 10 

Regulations  for  holding  examinations 1 

Time  of  examinations 1 

Teachers  to  draw  pay l 

Special  certificates i 

Prohibition  on  teaching 1 

Revocation  of  certificate i 

SCHOOL  CORPORATIONS 

School  corporations 1| 

Division  of  districts 1^ 

Formation  of  township  districts |^ 

Election  of  new  officers |^ 

Name  of  school  corporation i^ 

Change  of  boundaries W 

School  district  a  corporation ■■•» 


68  SOUTH   DAKOTA   SCHOOL   LAWS 


Page 

Judgment 14 

Justices  to  have  jurisdiction , 14 

Fines — how    collected 14 

Plat  must  be  furnished  superintendent  of  public  instruction 14 


DISTRICT  SCHOOL  BOARD 

Election  of 14 

Annual  election 15 

Qualification    15 

Failure  to  qualify 15 

Oath  and  bond 16 

Bond  of  clerk , 16 

Additional    bonds 16 

Where  filed. 17 

Temporary   officers ,.  . .  .  17 

Vacancies 17 

Incapacity  of  officer 17 

Meetings   of  board , 17 

Special  meetings , 17 

Chairman — duties   of 17 

Clerk — duties  of 17-18 

School   census 18 

Must  be  sent  to  commissioner  of  school  and  public  lands 18 

Treasurer — duties  of 19 

Manner  of  drawing  warrants^ 19 

Salary  of  school  officers 19 

Prohibition  on  school  officers 20 

Powers  and  duties  of  district  school  board 20 

Transportation  of  pupils 20 

Water   closets 20 

Teacher  may  be  dismissed 21 

Pupils  from  other  districts 21 

May  discontinue  school 21 

Appeal  against  closing , 21 

Appeal — general 22 

Appeals  to  supreme  court 22 

Shall  assist  teacher 22 

Tax    levy. 22 

Removal  of  school  house 23 

Annual  meeting  of  board 23 

Purchase  and  sale  of  school  property 23 

Acquiring  school  sites 23 

Assessors  shall  furnish  list  of  property  to  clerks 24 

Tax  levy  for  general  fund 24 

Treasurer's  settlement  with  board. 24 

False   report — penalty , 24 

Failure  to  report 24 

Notice  of  tax  levy  to  county  auditor 25 

Accounts — how  kept 25 

Reports  subject  to  approval  of  county  superintendent 26 

Books  and  reports  open  to  inspection 26 

Majority  of  board  have  authority , 26 

Cultivation  and  protection  of  trees  on  grounds 26 

TEACHERS  AND  SCHOOLS 

School  year,  month  and  day  defined , 26 

Employment  of  teachers 26-27 

Teachers  to  give  notice  on  beginning  school 28 

Branches  to  be  taught 28 

Board  shall  provide  register 28 

Teacher  shall  make  term  report , 28 

Disturbance  of  public  school 28 

Defacement  of  school  property 29 

Ethical  instruction 29 

Humane  treatment  of  animals  to  be  taught 29 

Board  shall  provide  dictionary 29 

Prohibition  on  binding  contracts , 29 

Tuition  for  eighth  grade  graduates 29 

Corripulsory  education 30-31 


SOUTH  DAKOTA  SCHOOL  LAWS  69 

SCHOOL  BONDS 

Page 

Bonds  may  be  issued 31 

Denomination  of 32 

Form  of 32 

Bond  tax  levy 32 

Sale  of  bonds 33 

Bonds'  lien  on  property 33 

Cancellation  of  bonds 33 

Building-  of  school  house 33 

Bonds  executed  now  in  excess  of  statute 33 

Certificate  of  county  auditor 34 

Bonds  by  boards  of  education  in  cities  of  the  first  class 34 

Election — polling  places — ballots 34-35 

Canvassing  board 35 

Rate  of  interest  and  signature  of  officers  on  bonds 35 

Sale  of  bonds 35 

Bond  issue — limit  of  tax  levy  to  pay 35 

Interest  coupons 36 

Property  pledged  to  pay  bonds ^ 6 

Bonds    registered 36 

Bonds  for  school  districts  created  by  special  act 36 

CITY  AND  TOWN   INDEPENDENT  DISTRICTS 

Cities,    towns   and   adjacent   territory   organized   as    independent    districts — gov- 
erned by 36-37 

Attachment  of  territory 37-38 

School  district  body  corporate 39 

Duration   of  school 39 

School  election — when  held , 39 

Board  of  education 40 

Oath  of  members  and  other  officers 40 

Bond  of  clerk  and  treasurer 40 

Meetings  of  board 40 

Report  of  clerk 40 

Report  of  treasurer 41 

Graded  and  high  school 41 

Tax  levy 41 

Bonds 41 

Election  called  by  mayor 41-42 

School  property  pledged  for  indebtedness ; 42 

Bonds  and   warrants   registered 42 

Expenditure  of  funds  regulated 42 

No   sectarian   doctrine 42 

Examining  committee  in  cities 43 

SCHOOL  LIBRARIES 

Library  fund  created , 43 

County    library    board 44 

Librarian    44 

Bookcases  shall  be  provided .  •  •  44 

Library  circuits 44 

Compensation  of  members  of  library  board 44 

Warrants  upon  library  fund 44 

TOWNSHIP  HIGH  SCHOOLS 

Election    upon 44 

Township  board  of  education — duties  of . 45 

Union  of  two  or  more  townships 46 

Discontinuance  of  school 46 

Meetings  of  board 46 

Tax    levy 46 

Corporate  name  and  powers 4b 

Salary  of  board 46 

UNIFORMITY  OF  TEXT  BOOKS 

County  board  of  education — duties  of 47 

Provisions  of  contract  for  books ' 4S 


70  SOUTH  DAKOTA  SCHOOL  LAWS 

Page 

Bond  of  depository , 48 

List  of  books  for  each  school 48 

Free  text  books , 48 

Bookcase  48 

Books  adopted  for  five  years 48 

Proliibition  on  teachers  and  officers 48-49 

PLANS  FOR  SCHOOL  BUILDINGS 

Plans  for  school  buildings — by  whom  approved 49 

PHYSIOLOGY   AND   HYGIENE 

Study  of  physiology  and  hygiene  in  the  public  schools 49-50 

SCHOOL  CORPORATIONS 

Relating  to  independent  school  districts 50 

Certain  laws  repealed 50 

MISCELLANEOUS 

Compulsory  education  for  Indian  children 51-52 

Compulsory  education  for   tlie  deaf  and  blind 52-53 

Construction  and  repair  of  public  or  school  buildings 53-54 

Appropriation  for  Memorial  Day 54 

Vocal  music  shall  be  taught 55 

Regulating  school  district  boundaries 55 

Fixing  limit  of  taxation 56 

School  houses  used  for  public  meetings 56 

Naming  of  school  districts 57 

Creating  school  districts 57 

Prescribing  election  proceedings  in  independent  school  districts 57-58 

Requiring  board  of  education  to  publish  financial  statements 59 

Providing  for  admission  of  pupils  to  school  for  blind 59-60 

Relating  to  county  superintendents 61 

Placing  U.  S.  flags  on  public  school  houses 62 

Authorizing  purchase  of  agricultural  lands 62-63 

Providirfg  for  tuition  and  transportation  of  school  children 63 

Relating  to  common  schools 63-65 

Constitutional  provisions 66 


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